# Recital (18)

The notion of ‘emotion recognition system’ referred to in this Regulation should be defined as an AI system for the 
purpose of identifying or inferring emotions or intentions of natural persons on the basis of their biometric data. 
The notion refers to emotions or intentions such as happiness, sadness, anger, surprise, disgust, embarrassment, 
excitement, shame, contempt, satisfaction and amusement. It does not include physical states, such as pain or 
fatigue, including, for example, systems used in detecting the state of fatigue of professional pilots or drivers for the 
purpose of preventing accidents. This does also not include the mere detection of readily apparent expressions, 
gestures or movements, unless they are used for identifying or inferring emotions. Those expressions can be basic 
facial expressions, such as a frown or a smile, or gestures such as the movement of hands, arms or head, or 
characteristics of a person’s voice, such as a raised voice or whispering.

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Source: Regulation (EU) 2024/1689 (Artificial Intelligence Act) as amended by Regulation (EU) 2026/1744, consolidated text of 27 July 2026 (Official Journal of the EU). This page is AI-generated legal information, not legal advice. Verify against the Official Journal.
Canonical: https://euaiactlaw.com/recital/18