5.1.3. The information obligation under Article 50(3) AI Act
(105) The scope of the information to be provided: Deployers are required to inform natural persons concerned that they are exposed to an emotion recognition system or to a biometric categorisation system, which is being operated. The AI Act does not require including information about the reasons for the system’s operation, or if the system also processes information for purposes other than emotion recognition or biometric categorisation, which are required to be disclosed under Union data protection law (see Section 5.3.).
(106) The addressees of the information: Article 50(3) AI Act requires that deployers inform all natural persons exposed to the operation of the AI system, including children.
(107) The means of providing information: The AI Act does not prescribe a specific means to provide the information, except that Article 50(5) AI Act requires that the information needs to be provided in a clear and distinguishable manner and in accordance with applicable accessibility requirements (responding to the needs of natural persons with disabilities). How natural persons exposed to the system are to be informed may depend on the place of deployment (e.g., virtual gaming platform, bricks and mortar store, train station), the possible addressees (e.g., children, elderly, persons with disabilities, customers), the length and type of the exposure (e.g., long-term, one-off, continuous, intermittent), and the possible existence of a relationship between the deployer and the persons exposed (e.g., if there is an existing communication channel with the individual). Depending on the use case, the information may be provided in writing, by standardised icons (also when presented electronically), orally, or by using combinations of such ways. Examples of informing natural persons:
- A centrally placed pop-up with an onboarding message before a computer game is launched indicating that the player’s face is recorded, capturing their emotions.
- A visible notice at each possible entrance to an exhibition room with information that visitors’ facial images are captured when entering the room to assign them to a specific age group.
(108) The timeline for providing the information: The information must be provided at the latest at the time of the first interaction with or exposure to the AI system in accordance with Article 50(5) AI Act. Where appropriate, providing the required information in advance is not excluded.
Link a questa unità: https://fwks.it/news/normativa/testi/linee-guida-art50?u=g-5-1-3