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AI Policy Generator

Biometrics, facial or emotion recognition

Identifying or verifying people by physical or behavioral traits, biometric categorization and emotion recognition. It is the most restricted use: bans in the EU and Peru, written consent in several US states and sensitive data across Latin America.

Examples

By country

We only list countries where an obligation in force or adopted mentions this use case.

How rules treat it, by jurisdiction

JurisdictionLevelDateNote
European UnionProhibited practiceFebruary 2, 2025Banned: untargeted facial scraping, categorization by sensitive traits, emotion recognition at work and in education, and real-time remote identification by law enforcement except in narrow cases.
European UnionHigh riskDecember 2, 2027Remote biometric identification and emotion recognition outside banned settings (Annex III(1)); one-to-one verification is excluded.
European UnionTransparencyAugust 2, 2026Inform people exposed to emotion recognition or biometric categorization (Art. 50(3)).
SpainData protection—Biometric data used for identification is a special category (GDPR Art. 9); the AEPD requires an impact assessment and is very restrictive.
PeruProhibited practiceJanuary 22, 2026Misuse: mass surveillance without legal basis, inference of sensitive data and real-time remote biometric identification in public spaces.
EcuadorData protection—Sensitive data: impact assessment required for large-scale processing (Data Protection Law Art. 42).
ColombiaData protection—Sensitive data: explicit, optional authorization.
MexicoData protection—Sensitive data: express written consent.
ChileData protectionDecember 1, 2026Law 21,719: biometric data is sensitive.
ArgentinaData protection—Sensitive data under Law 25,326 and AAIP criteria.
BrazilData protection—Sensitive data under the LGPD; bill PL 2338 would treat emotion recognition at work and in education as excessive risk.
United States (federal)Sector rules—The FTC's Rite Aid order (2023) sets testing, oversight and prior assessment for facial recognition.
IllinoisData protection—BIPA: public retention policy, written consent and ban on sale; private right of action.
TexasData protection—CUBI: consent to capture biometric identifiers; TRAIGA (2026) clarifies its application to AI.
ColoradoData protectionJuly 1, 2025The Colorado Privacy Act expanded biometric data duties, including for employees.
WashingtonData protection—Biometric identifiers law and the My Health My Data Act.
New York (incl. NYC)Data protection—NYC requires signage in businesses that collect biometric data and bans selling it.

Common base documents

Depending on your situation

If applied to customers or the public
If applied to workers
If the system comes from a vendor

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