TY - JOUR

T1 - In cars (are we really safest of all?): Interior sensing and emotional opacity

AU - McStay, Andrew

AU - Urquhart, Lachlan

PY - 2022/9

Y1 - 2022/9

N2 - This paper analyses expert and regulatory perspectives on car driver-monitoring systems that measure bodies to infer and react to emotions, fatigue, and attentiveness. Developers of driver-monitoring systems promise increased safety on the road, alongside comfort for cabin occupants through personalisation and automation. The impetus is three-fold, namely: (1) European road safety policy seeks to vastly reduce road deaths using computational surveillance; (2) there is a growing interest around in cabin safety solutions that sense emotion and affective states of drivers and passengers; and (3) autonomous driving trends are changing the nature of interactions between vehicle and driver. Safety led applications are of special interest because they are backed by policy and standards initiatives including the European Union’s Vision Zero policy and the industry led New Car Assessment Programme (NCAP). Informed by 13 interviews with experts working in and around in-cabin sensing technologies, this paper first identifies and explores features of emergent in-cabin profiling through emotional artificial intelligence (AI) and biometric measures. It then examines how in-car sensing should be regulated by analysing data protection laws and the proposed EU AI Act. A deep ambivalence emerged from our participants around the emergence of emotional AI in cars, and how best to regulate these technologies.

AB - This paper analyses expert and regulatory perspectives on car driver-monitoring systems that measure bodies to infer and react to emotions, fatigue, and attentiveness. Developers of driver-monitoring systems promise increased safety on the road, alongside comfort for cabin occupants through personalisation and automation. The impetus is three-fold, namely: (1) European road safety policy seeks to vastly reduce road deaths using computational surveillance; (2) there is a growing interest around in cabin safety solutions that sense emotion and affective states of drivers and passengers; and (3) autonomous driving trends are changing the nature of interactions between vehicle and driver. Safety led applications are of special interest because they are backed by policy and standards initiatives including the European Union’s Vision Zero policy and the industry led New Car Assessment Programme (NCAP). Informed by 13 interviews with experts working in and around in-cabin sensing technologies, this paper first identifies and explores features of emergent in-cabin profiling through emotional artificial intelligence (AI) and biometric measures. It then examines how in-car sensing should be regulated by analysing data protection laws and the proposed EU AI Act. A deep ambivalence emerged from our participants around the emergence of emotional AI in cars, and how best to regulate these technologies.

U2 - 10.1080/13600869.2021.2009181

DO - 10.1080/13600869.2021.2009181

M3 - Article

VL - 36

SP - 470

EP - 493

JO - International Review of Law, Computers & Technology

JF - International Review of Law, Computers & Technology

SN - 1364-6885

IS - 3

ER -