processing of the biometric data of a large number of persons without their active
involvement. In the case of ‘real-time’ systems, the capturing of the biometric data, the
comparison and the identification occur all instantaneously, near-instantaneously or in any
event without a significant delay. In this regard, there should be no scope for
circumventing the rules of this Regulation on the ‘real-time’ use of the AI systems in
question by providing for minor delays. ‘Real-time’ systems involve the use of ‘live’ or
‘near-‘live’ material, such as video footage, generated by a camera or other device with
similar functionality. In the case of ‘post’ systems, in contrast, the biometric data have
already been captured and the comparison and identification occur only after a significant
delay. This involves material, such as pictures or video footage generated by closed circuit
television cameras or private devices, which has been generated before the use of the
system in respect of the natural persons concerned.
(8a) The notion of emotion recognition system for the purpose of this regulation should be
defined as an AI system for the purpose of identifying or inferring emotions or intentions
of natural persons on the basis of their biometric data. This refers to emotions or intentions
such as happiness, sadness, anger, surprise, disgust, embarrassment, excitement, shame,
contempt, satisfaction and amusement. It does not include physical states, such as pain or
fatigue. It does not refer for example to systems used in detecting the state of fatigue of
professional pilots or drivers for the purpose of preventing accidents. It does also not
include the mere detection of readily apparent expressions, gestures or movements, unless
they are used for identifying or inferring emotions. These expressions can be basic facial
expressions such as a frown or a smile, or gestures such as the movement of hands, arms or
head, or characteristics of a person’s voice, for example a raised voice or whispering.
(9) For the purposes of this Regulation the notion of publicly accessible space should be
understood as referring to any physical place that is accessible to an undetermined number
of natural persons, and irrespective of whether the place in question is privately or publicly
owned and irrespective of the activity for which the place may be used, such as commerce
(for instance, shops, restaurants, cafés), services (for instance, banks, professional
activities, hospitality), sport (for instance, swimming pools, gyms, stadiums), transport (for
instance, bus, metro and railway stations, airports, means of transport ), entertainment (for
instance, cinemas, theatres, museums, concert and conference halls) leisure or otherwise
(for instance, public roads and squares, parks, forests, playgrounds). A place should be
classified as publicly accessible also if, regardless of potential capacity or security