ICO warns immature biometric technologies could be discriminatory

The Information Commissioner’s Office (ICO) has warned it will investigate organisations that do not assess the public risks of using emotion analysis technologies before implementing them. Emotion analysis technology collects, stores and processes a range of personal data, including subconscious behavioural or emotional responses. The ICO is concerned the inability of insufficiently developed algorithms to detect these emotional cues will lead to systemic bias, inaccuracy and discrimination.

Two reports have already been published to support businesses navigating the use of emerging biometrics technologies, however, the ICO is currently developing guidance, due to be published in 2023, on the wider use of biometric technologies, including facial, fingerprint and voice recognition.

Deputy Commissioner, Stephen Bonner, noted: ‘At the ICO, we are concerned that incorrect analysis of data could result in assumptions and judgements about a person that are inaccurate and lead to discrimination. As it stands, we are yet to see any emotion AI technology develop in a way that satisfies data protection requirements, and have more general questions about proportionality, fairness, and transparency in this area’.

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