Digital Emotion Detection, Privacy, and the Law

Intuitively, it seems reasonable to prefer that not everyone knows about all our emotions, for example, who we are in love with, who we are angry with, and what we are ashamed of. Moreover, prominent examples in the philosophical discussion of privacy include emotions. Finally, empirical studies show that a significant number of people in the UK and US are uncomfortable with digital emotion detection. In light of this, it may be surprising to learn that current data protection laws in Europe, which are designed to protect privacy, do not specifically address data about emotions. Understanding and discussing this incongruity is the subject of this paper. We will argue for two main claims: first, that anonymous emotion data does not need special legal protection, and second, that there are very good moral reasons to provide non-anonymous emotion data with special legal protection.