Emotion Regulation and Artificial Intelligence in the Workplace
What Does the European Commission’s New AI Act Say About Emotion Recognition at Work?
In February 2025, the European Commission passed the Artificial Intelligence Act, which significantly restricts the use of emotion recognition systems in the workplace. The new Act prohibits Artificial Intelligence from inferring emotions based on biometric data, which includes facial expressions or voice patterns, in the workplace unless the systems are used for medical or safety purposes. The restrictions further include the use of emotion recognition technology during recruitment and probationary periods. Examples of situations where emotion regulation technology cannot be used include identifying and inferring emotion from voice and imagery through video calls and using cameras to track its employees’ emotions. However, these tools may still be deployed for personal training purposes, so long as the data is not shared with people responsible for human resources and that it cannot impact the assessment and promotion of an employee.
What Is the Artificial Intelligence and Data Act (Bill C-27)?
Artificial Intelligence continues to transform workplaces all over the world. While Canada does not currently have a regulatory framework specifically addressing artificial intelligence, it has legal frameworks that apply to the uses of AI. For example, the Personal Information Protection and Electronics Documents Act (PIPEDA) provides important protections on how businesses can collect and use personal information. A number of other legislation has frameworks on the application of AI in consumer protection, human rights, and criminal law settings including the Criminal Code, the Canadian Human Rights Act and other provincial human rights legislation, and the Canada Consumer Product Safety Act.
Currently, the federal government has introduced the Artificial Intelligence and Data Act as part of Bill C-27, the Digital Charter Implementation Act, 2022. It aims to establish a framework for responsible AI development and use, with the main purpose to emphasize risk identification and to prevent harm and discriminatory outcomes in numerous settings, including in employment. The proposed framework would be similar to the European Commission’s Artificial Intelligence Act and introduce a robust enforcement mechanism to oversee compliance. The framework intends to build on the existing privacy and artificial intelligence laws, rather than replace them.
In order for the new framework to be effective, the framework must take into account the ever-evolving nature and use of artificial intelligence in the workplace. Emotion recognition systems have continued to raise ethical concerns regarding discrimination in the workplace, as emotional expressions vary across cultures and individuals. While artificial intelligence can be useful to increase productivity and streamline processes, employers must take into account the potential harms in using artificial intelligence to regulate its processes and to monitor its employees.
Need Help With Your AI Workplace Policy?
The widespread use of AI is still relatively new and the law around AI continues to evolve. It is recommended that companies work regularly with experienced employment lawyers to create, update, and regularly review their company policies regarding the use of AI. Whitten & Lublin employment lawyers can help draft and review workplace policies. Contact us today online or by phone (416) 640 2667.