![]() Clearview, which also faced recent legal action in the UK, Australia and Illinois, must comply with CNIL’s notice within two months and provide supporting documentation or face sanctions under the French Data Protection Act of 1978. In October, the European Parliament adopted a resolution to ban biometric identification, specifically noting concerns over Clearview’s model. While a statement attributed to Clearview founder CEO Hoan Ton-That maintains Clearview is outside the scope of the GDPR since it has no place of business or customers in the EU, Recital 24 to the GDPR makes it applicable wherever the personal data of subjects in the EU is being processed for monitoring, regardless of whether the processor itself is established in the EU. Second, Clearview breached Articles 12, 15 and 17 of the GDPR, which provide the data subject with the right to access and obtain the erasure of the personal data being processed. CNIL specified that the “publicly accessible” nature of data does not authorize re-use without the subjects’ consent or knowledge. ![]() ![]() Clearview could not invoke “legitimate interests” since people’s fundamental freedoms override its purely commercial interests. First, Article 6 of the GDPR only permits data processing in certain cases, including when the subject has consented or for other legitimate interests to the extent that the use would not violate the subject’s fundamental rights. Clearview then sells this facial recognition tool to law enforcement agencies for identifying perpetrators or victims (such as from CCTV footage).įollowing complaints from Privacy International and several individuals, CNIL investigated whether Clearview breached the General Data Protection Regulation (GDPR), the EU’s overarching data privacy and protection law. CLEARVIEW AI has developed a facial recognition software whose database is based on the extraction of photographs and videos publicly available on the Internet. It then derives a mathematical “biometric template” of each face based on its features, enabling it to be matched to other images with similar templates. Clearview’s PR agency, LakePR Group, issued a statement to TechCrunch declaring that CNIL did nothing wrong and since it merely “collects publicly available information from the internet, just like any other search engine like Google, Bing or DuckDuckGo.” It further reiterated that since it does not have a place of business in the EU or undertake activities that “would otherwise mean it is subject to the GDPR.France’s National Commission for Information and Liberty (CNIL) announced Thursday it had issued a notice on November 1 to US-based facial recognition company Clearview AI ordering the company to halt personal data collection of subjects on French territory and delete the existing data.ĬNIL noted Clearview extracts images of faces from social media sites, professional websites, blogs and videos. Following months of ghosting, the CNIL added an article 31 violation, failure to cooperate.Īccording to TechCrunch, he GDPR allows for fines up to 4% of a company’s worldwide annual revenue or €20 million, whichever amount is greater. The CNIL notified Clearview AI in November 2021 that they must cease collection of biometric data of French citizens and comply with individuals’ requests to have their data scrubbed. ![]() They found Clearview in violation of articles 6, 12, 15, and 17 of the GDPR, which cover unlawfully processing personal data and failing to account for individuals’ rights. In May 2020, the CNIL first received complaints about Clearview, and the commission, along with equivalent organizations across the EU, investigated the matter. As covered by Law Street they have faced numerous lawsuits for infringing upon individuals’ privacy rights. They charged Clearview with unlawful processing of personal data, failure to account for individuals’ personal rights, and lack of cooperation with the CNIL.Ĭlearview AI is a company that scrapes, among other media, individuals’ social media photos to compile a massive face dataset that can then be used by law enforcement for facial recognition. France’s National Commission on Informatics and Liberty (CNIL) issued a €20 million fine to Clearview AI for three breaches of the European Union’s General Data Protection Regulation (GDPR), according to a press release. ![]()
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