The Employee Polygraph Protection Act

Some legal codes may be applicable to affective computing systems. Title 29 Chapter 22 of the United State's legal code describes the "Employee Polygraph Protection Act" [eppa1998]. This act makes it extremely difficult for an employer to use polygraph (or lie-detector) techniques on an employee (or job applicant) except under very special circumstances. These regulations do not affect government agencies but are applicable to almost every employer.

These regulations are certainly applicable to situations like the "mole experiment" described above. In the act, a "lie detector" is defined to be "a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device (whether mechanical or electrical) that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual" [eppa1998].

If it were argued that most affective computing systems are used "for the purpose of rendering a diagnostic opinion regarding" honesty by observing "psychological stress" then this law implies that the use of affective computing systems cannot be required by employers.