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  • 4 - Constitutional Challenges in the Emotional AI Era

  • from Part I - Algorithms, Freedom, and Fundamental Rights
  • Edited by Hans-W. Micklitz, European University Institute, Florence, Oreste Pollicino, Amnon Reichman, University of California, Berkeley, Andrea Simoncini, Giovanni Sartor, European University Institute, Florence, Giovanni De Gregorio, University of Oxford
  • Book:
    Constitutional Challenges in the Algorithmic Society
    Published online:
    01 November 2021
    Print publication:
    02 December 2021, pp 57-77
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  • Summary

    This chapter discusses legal-ethical challenges posed by the emergence of emotional artificial intelligence (AI) and its manipulative capabilities. The focus lies on the European legal framework and on the use of emotional AI for commercial business-to-consumer purposes, although some observations are also valid for the public sector, or in the context of political micro-targeting or fake news. On the basis of a literature review, the chapter addresses privacy and data protection concerns, challenges to individual autonomy and human dignity as overarching values. It also presents a number of responses, specifically those suggesting the introduction of new (constitutional) rights to mitigate the potential negative effects of such developments and it provides the foundation for a future research agenda in that direction.