The following AI practices shall be prohibited: f) the placing on the market, the putting into service for this specific purpose, or the use of AI systems to infer emotions of a natural person in the areas of workplace and education institutions, except where the use of the AI system is intended to be put in place or into the market for medical or safety reasons.
Several cumulative conditions must be fulfilled for the prohibition in Article 5(1)(f) AI Act to apply:
The practice must constitute the ‘placing on the market’, ‘the putting into service for this specific purpose’ or the ‘use’ of an AI system;
AI system to infer emotions;152
in the area of the workplace or education and training institutions; and
excluded from the prohibition are AI systems intended for medical or safety reasons.
For the prohibition to apply all four conditions must be simultaneously fulfilled. The first element, i.e. the placing on the market, putting into service or use of the AI system, has already been analysed in sectio n 2.3.. The prohibition, therefore, applies to both providers and deployers of AI systems, each within their respective responsibilities, not to place on the market, put into service or use such AI systems. The other conditions related to the prohibition are further described and analysed below.