Affective Computing and Emotional Data: Challenges and Implications in Privacy Regulations, The AI Act, and Ethics in Large Language Models

This paper examines the integration of emotional intelligence into artificial intelligence systems, with a focus on affective computing and the growing capabilities of Large Language Models (LLMs), such as ChatGPT and Claude, to recognize and respond to human emotions. Drawing on interdisciplinary research that combines computer science, psychology, and neuroscience, the study analyzes foundational neural architectures - CNNs for processing facial expressions and RNNs for sequential data, such as speech and text - that enable emotion recognition. It examines the transformation of human emotional experiences into structured emotional data, addressing the distinction between explicit emotional data collected with informed consent in research settings and implicit data gathered passively through everyday digital interactions. That raises critical concerns about lawful processing, AI transparency, and individual autonomy over emotional expressions in digital environments. The paper explores implications across various domains, including healthcare, education, and customer service, while addressing challenges of cultural variations in emotional expression and potential biases in emotion recognition systems across different demographic groups. From a regulatory perspective, the paper examines emotional data in the context of the GDPR and the EU AI Act frameworks, highlighting how emotional data may be considered sensitive personal data that requires robust safeguards, including purpose limitation, data minimization, and meaningful consent mechanisms.