How this differs from emotion-recognition AI
Emotion-recognition AI infers a person's internal emotional state — happy, anxious,
deceptive — from face or voice, and returns that inference as an automated judgment. The science
is contested, the failure modes fall unevenly across demographics, and regulators are increasingly
skeptical of it.
RTScale does not do this. A State of Mind Signature documents
decomposed, observable indicators — prosodic variance, sustained micro-distress, gaze
stability, scripted-speech markers — measured against the subject's own session baseline, and
presents them as evidence a human reviewer reads. The signature answers a
narrow, evidentiary question — were observable indicators consistent with free, unpressured action at this moment? — not a psychological one. No diagnosis. No score. A human makes every determination.
| Emotion-recognition AI | RTScale State of Mind Signature |
| Infers an internal emotional state | Records observable affective/behavioral indicators |
| Outputs an automated label or judgment | Outputs evidence; a human reviewer adjudicates |
| Compares to a population "emotion" model | Compares to the subject's own session baseline |
| The system decides | The system documents; a person decides |
Why this matters for AI regulation
- EU AI Act, human oversight (Art. 14). High-risk systems must be designed
so a person can meaningfully oversee them. Decomposed, reviewer-readable indicators — with
the human, not the model, making the call — are built for this requirement.
- EU AI Act, emotion-recognition limits (Art. 5). The Act restricts emotion-recognition
systems in specific contexts. RTScale is designed away from that category by intent:
deployed at financial-consent surfaces, not workplace or educational monitoring, and it does
not infer emotions as the basis for an automated decision about a person.
- Transparency (Art. 50). Wherever capture occurs, subjects are informed before
it happens. Capture is on-device, consent-gated in the deploying partner's application, and
raw frames never leave the device.
We treat the EU AI Act as a design constraint we build toward, not a label we
claim. Final classification depends on jurisdiction and on how each partner deploys the
SDK; we work that through with the deploying institution and its counsel, not by
assertion.
Why this matters for privacy regulation
GDPR Article 17 (right to erasure) is satisfied by cryptographic erasure — revoking the
per-subject root token renders all downstream SoM Sig tokens mathematically unverifiable
without deleting the signed artifact itself. The title company's E&O retention
requirement and the state probate record obligation are preserved; the underlying
biometric provenance is rendered inaccessible.
CCPA, LGPD, and PIPL biometric-data provisions are addressed by the decomposed-indicator
format: the signature carries affect vectors, not facial-recognition embeddings or
voiceprints, which are the categories those statutes target most narrowly. Jurisdictions
with the broadest biometric definitions (Illinois BIPA) are addressed in the compliance
library index.