The Information Commissioner’s Office (ICO) has issued a warning over the public risks of using emotional analysis and biometrics technologies.

The warning comes after an investigation into the responsible use of biometrics technologies, their use by businesses across a range of sectors, and the risk they might pose to vulnerable members of society.

Notably, organisations harnessing such technologies that “fail to meet expectations” could face investigation, the ICO said.

What is ‘Emotional Analysis’ Technology?

Emotional analysis technologies process data including gaze tracking, sentiment analysis, facial moments, facial expressions and skin moisture.

According to the ICO, examples include “monitoring the physical health of workers” through wearable screening tools, or by observing ”visual and behavioural” patterns such as body position, speech, eyes and head movements to register students for exams.

These techniques rely on collecting, storing and processing a range of personal data, including subconscious behavioural or emotional responses, and in some instances, special category data.

“This kind of data use is far more risky than traditional biometric technologies that are used to verify or identify a person,” the ICO said in a statement.

“The inability of algorithms which are not sufficiently developed to detect emotional cues, means there’s a risk of systemic bias, inaccuracy and even discrimination.”

Where are Biometrics Being Used?

At present, biometrics technologies are being used across a range of industries.

Financial companies, for example, are using facial recognition to verify user identities by comparing photographic IDs and ‘selfies’.

Similarly, airports use facial recognition technology to streamline passenger journeys at check-in, self-service bag drops and boarding gates.

Other companies are using voice recognition to allow users to gain access to secure platforms instead of using passwords.

Long-term, biometrics are expected to have a significant impact on sectors such as the finance and commerce sectors, the fitness sector and the employment sector – the latter of which has begun to deploy biometrics for use in interview analysis and staff training.

Behavioural analysis in early education is becoming a “significant, if distant, concern,” the ICO added.

Concerns Over Maturity

Deputy Commissioner, Stephen Bonner warned that developments in the biometrics and emotion AI market are “immature” and despite the opportunities presented by these technologies, they “may not work” and could pose data privacy risks or discriminate against vulnerable demographics.

“While there are opportunities present, the risks are currently greater,” he explained. “At the ICO, we are concerned that incorrect analysis of data could result in assumptions and judgements about a person that are inaccurate and lead to discrimination. ”

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“As it stands, we are yet to see any emotion AI technology develop in a way that satisfies data protection requirements, and have more general questions about proportionality, fairness and transparency in this area.”

The ICO has previously raised concerns about the dangers of biometrics, including live facial recognition technology.

In June last year, former Information Commissioner Elizabeth Denham said she was “deeply concerned” about the potential for live facial recognition (LFR) to be used “inappropriately, excessively or even recklessly”.

Creeping Surveillance

Since the onset of the pandemic, the growing use of biometrics in the workplace has also sparked debate among trade unions.

A recent survey conducted by the Prospect union found that 1 in 5 tech workers are subject to “employee monitoring or gathering technologies”.

Meanwhile, the Trades Union Congress (TUC) warned that the use of surveillance tech in the workplace was “spiralling out of control” and called on stronger regulation to protect staff.

Biometrics Guidance is Coming

The ICO has been examining the use of biometrics in public life, and is set to publish comprehensive guidance on their use in Spring 2023.

The regulator said this guidance will aim to “further empower and help businesses, as well as highlight the importance of data security.”

According to the ICO, the guidance will have “people at its core” and will be framed around supporting businesses and organisations currently developing or harnessing biometrics products.

The guidance will encourage businesses to embed a ‘privacy by design’ approach to reduce risk factors and ensure organisations are leveraging the technology “safely and lawfully”.

“As well as warning about the risks around emotion analysis technologies, we are developing guidance on the wider use of biometric technologies,” the ICO said. “These technologies may include facial, fingerprint and voice recognition, which are already successfully used in industry.”

Mariano delli Santi, Legal and Policy Officer at Open Rights Group told DIGIT that the misuse of biometrics technology is a cause for concern, and that many systems are often based on “pseudoscience such as phrenology”.

He added: “It is encouraging to see that the Information Commissioner’s Office are turning their attention to these rampant abuses, but actions speak louder than words, and we expect the ICO to learn from their past mistakes in the field of online advertising.

“The ICO must set the example, and enforce the law against the law breakers that are deploying these systems before they become widely adopted and turn into a problem.”

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