France clearview ai gdpr10/8/2023 ![]() And CNIL says it’s already been working with other authorities to share its findings.Ī global response - Clearview is not universally hated. Any countries that follow the GDPR could potentially bring the same charges against Clearview. The CNIL’s reach is limited to French denizens, but that doesn’t necessarily mean other countries in the EU won’t issue similar ultimatums in the future. The CNIL says its investigation was compounded by multiple reports made about people facing difficulties in accessing the data scraped by Clearview. The watchdog’s investigations found that Clearview had breached two sections of the GDPR by collecting biometric data for no legal reason and for breaching public privacy in general. More to come - The CNIL is not the first regulatory body to call Clearview AI out for its privacy-shunning practices. ![]() Constitution grants it every right to take advantage of publicly available media. Clearview, meanwhile, maintains that the U.S. Activists have voiced immense concerns over the company’s mission to scrape the internet of every image available without permission. Clearview has two months to delete any user data or face legal consequences.Ĭlearview AI has gained international notoriety in the last few years for its scary-accurate facial recognition technology and for its brash forward momentum in the face of pushback from all sides. The group alleges that Clearview’s unconventional image-scraping methods violate Europe’s General Data Protection Regulation (GDPR). The CNIL put out a public statement on its website last week (h/t TechCrunch). You know, the same Clearview AI that’s completely ignored repeated cease-and-desist orders from some of the world’s most powerful organizations. 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.French privacy watchdog CNIL (that is: Commission Nationale de l'informatique et des libertés) wants Clearview AI to scrub its servers of all facial recognition data. 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. 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. #FRANCE CLEARVIEW AI GDPR PROFESSIONAL#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. ![]()
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