The emotion tool is prohibited in the workplace: Under the EU | AIGP
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The emotion tool is prohibited in the workplace: Under the EU AI Act tiers, which classification is most

AIGP Understanding How Laws, Standards and Frameworks Apply to AI Hard

Workplace emotion recognition is prohibited, employment screening is high risk, and a spam filter is minimal risk.

The question

A vendor offers three tools: (1) AI that scores workers' emotions in an office to flag underperformers, (2) AI that screens job applicants for shortlisting, and (3) a spam filter. Under the EU AI Act tiers, which classification is most accurate?

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  1. The emotion tool is high risk with conformity duties, the applicant screener is limited risk needing only disclosure, and the spam filter is prohibited as covert automated processing.
    Plausible but mismatched: workplace emotion recognition is a prohibited practice, applicant screening is high risk, and a spam filter is minimal risk, not prohibited.
  2. All three are high risk because each processes personal data at scale, so every tool must undergo the same conformity assessment before it can be placed on the EU market.
    Almost plausible but scale of processing does not make everything high risk; a spam filter is minimal risk and workplace emotion recognition is prohibited, not high risk.
  3. The emotion tool is prohibited in the workplace, the applicant screener is high risk with strict obligations, and the spam filter is minimal risk with no specific requirements.
    Correct: emotion recognition in the workplace is a banned practice, employment screening is Annex III high risk, and spam filters are minimal risk.
  4. All three are limited risk, so the vendor only needs to disclose that users are interacting with AI and label any content that the systems generate for those users.
    Plausible-sounding but limited risk is for transparency-only cases; employment screening is high risk and workplace emotion recognition is prohibited outright.
The trap
Assuming large-scale personal-data processing automatically makes every AI use high risk.

How to remember it

Workplace emotion recognition is prohibited, employment screening is high risk, and a spam filter is minimal risk.

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