Classified examples · HR and employees · Po polsku
A video interview tool scores candidates' emotions
Prohibited (Article 5)Deployer
A vendor offers a tool that analyses recorded video interviews and rates candidates' enthusiasm, stress or honesty from facial expressions and voice.
How we classify it
- The tool infers emotions from biometric data (face and voice).
- Article 5(1)(f) prohibits AI systems that infer emotions of people in the workplace, except for medical or safety reasons. The Commission's guidelines include recruitment and probation periods.
- Result: prohibited since 2 February 2025, with the highest fines (up to 35 million euro or 7% of worldwide turnover).
What applies now
- Do not buy, trial or switch on emotion scoring
- If already in use: stop, record the decision, inform counsel
- Ask vendors explicitly whether any feature infers emotions
What would change the answer
- Transcription or scheduling of interviews without emotion inference is a different case; screening and ranking candidates is high-risk (see 'An AI tool screens and ranks job applications')
Evidence to keep
- Classification record showing the feature is off or the tool rejected
- Vendor's written confirmation
In the AI Compliance Kit: 04Risk Classification Procedure · 02AI Acceptable Use Policy.
Dates and sources
- Prohibited AI practices, Article 5: 2 February 2025
Legal basis: AI Act art. 5(1)(f); Commission guidelines on prohibited practices, C(2025) 884.
Similar examples
- An AI tool screens and ranks job applications High-risk (Annex III)
- AI writes job ads, or decides who sees them Depends on the use
- AI monitors and scores employees' productivity High-risk (Annex III)