---
title: "Recital 44 AI Act"
canonical: "https://dposchool.com/ai-act/recital/44"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32024R1689#rct_44"
source_note: "Source: Regulation (EU) 2024/1689, OJ L, 2024/1689, 12.7.2024; articles and annexes from the consolidated text 02024R1689-20260727. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu"
text_as_of: "2026-10-30"
language: "en"
publisher: "DPO School"
---

Recitals

# Recital 44 AI Act

Official Journal text of 12 July 2024. Retrieved 30 October 2026.

## Official text

There are serious concerns about the scientific basis of AI systems aiming to identify or infer emotions, particularly as expression of emotions vary considerably across cultures and situations, and even within a single individual. Among the key shortcomings of such systems are the limited reliability, the lack of specificity and the limited generalisability. Therefore, AI systems identifying or inferring emotions or intentions of natural persons on the basis of their biometric data may lead to discriminatory outcomes and can be intrusive to the rights and freedoms of the concerned persons. Considering the imbalance of power in the context of work or education, combined with the intrusive nature of these systems, such systems could lead to detrimental or unfavourable treatment of certain natural persons or whole groups thereof. Therefore, the placing on the market, the putting into service, or the use of AI systems intended to be used to detect the emotional state of individuals in situations related to the workplace and education should be prohibited. That prohibition should not cover AI systems placed on the market strictly for medical or safety reasons, such as systems intended for therapeutical use.

## Source

Source: Regulation (EU) 2024/1689, OJ L, 2024/1689, 12.7.2024; articles and annexes from the consolidated text 02024R1689-20260727. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu

[Recital 44 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32024R1689#rct_44)

Official Journal text of 12 July 2024. Retrieved 30 October 2026.

This is reference material, not legal advice.

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