Emotional AI and Data Protection: Relevant Implications for Older Adults and Other Vulnerable Subjects

By examining the legal framework that has recently emerged in Europe, the work focuses on the main problems caused by the proliferation of AI technologies used for the care and well-being of vulnerable subjects (especially older people) and aims to identify tools of protection that can be used by the subject-user in the event of discrimination and violations of fundamental rights. One of the areas which has recently been most affected by AI is that concerning the use of emotion recognition systems for the health-care and well-being of these individuals, who are not offered secure protection for self-determination and privacy. In light of an analysis of the rapid advancement of these systems, the article also examines, through a comparative perspective, the regulatory challenges and the issues faced by Europe and the US.