Information Commissioner Warns Companies about ‘Emotional Analysis Technology’

“But if this is being used to make important decisions about individuals – to decide if they have the right to an opportunity or some type of benefit or to select who gets a degree of harm or investigation, any number of those types of mechanisms… we’re going to pay very close attention to organizations that do that. We are referring to something more fundamental than data protection. They might also violate people’s rights or break our laws, which is why we are paying close attention to them. But they don’t work.

Scientists close to the issue can dismiss it in many different ways.

We’ve all heard the words ‘hokum’ and ‘half-baked’. I’m sure we’ve also heard the term ‘fake science. It is a tempting possibility. If we could see inside the heads of others, it would be a great idea. We can draw attention to extraordinary claims made by people with very little evidence.

In a study on the future of biometric technology, the ICO identified four issues. These are straightforward regulatory issues, and companies that develop similar technologies call for more clarity on data protection rules.

Others are more fundamental. The regulator warned that it was difficult to enforce data protection laws when technology like gaze tracking and fingerprint recognition can be used “from a distance to collect verifiable information on a person, without any physical contact being required”. It would be nearly impossible to get consent from every passenger who passes through a station.

The regulator will publish guidance in spring 2023 on how to use biometric technology, including voice, facial, and fingerprint recognition. This area is extremely sensitive because “biometric data is unique and cannot be changed if it is lost, stolen, or used in an inappropriate manner”.

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