![]() The Austrian SA found that Clearview AI infringed the above provisions of the GDPR.Ĭlearview AI was ordered to erase the complainant’s personal data and to designate a representative within the European Union. After an extensive weighing of interests, the DSB came to the conclusion that, due to the serious intrusion into his privacy, the interests of the complainant clearly outweighed the purely commercial interests of Clearview AI. 9 GDPR did not apply, the processing would be unlawful:Īrticle 6(1): of Clearview AIcould only have been covered by Article 6(1)(f) GDPR. To the extent that the complainant's personal data did not constitute special categories of personal data and thus Art. After, now Australia has found that controversial facial recognition company, Clearview AI, broke national privacy. An exception to the processing prohibition pursuant to Article 9(2) does not apply in this case, which is why the processing was carried out in violation of Article 9(1) GDPR. Clearview AI told it broke Australia’s privacy law, ordered to delete data. The DSB found that Clearview AI infringed the following provisions of the GDPR:Īrticle 5(1)(a): The processing of the complainant's personal data lacked lawfulness, fairness and transparency.Īrticle 5(1)(b): The processing carried out by Clearview AI serves a completely different purpose from the original publication of the complainant's personal data (especially photographs).Īrticle 5(1)(c): The permanent storage of personal data also constitutes a breach of data minimisation principle.Īrticle 9(1): The scanning of the complainant's face, the extraction of his uniquely identifying facial features and the translation of these features into vectors constitutes processing of special categories of personal data. Thereupon he lodged a complaint with the Austrian SA. The profiles can be enriched by information linked to those images such as image tags and geolocation or the source web pages.ĭue to a request for access, the complainant found out that his image data is also processed by Clearview AI. ![]() It offers a sophisticated search service which allows, through AI systems, creating profiles on the basis of the biometric data extracted from the images. The company reportedly owns a database including over 30 billion facial images from all over the world, which are extracted from public web sources (media outlets, social media, online videos) via web scraping. Summary of the Decision Origin of the caseįollowing a complaint the Austrian SA (DSB) issued a decision against the facial recognition company Clearview AI on the 10 th of May 2023. Key words: Facial recognition biometric data In October, the French data protection authority became the third EU regulator to fine Clearview 20 million euros (19 million) for violating European privacy rules.Decision: Infringement of the GDPR, Order to erase complainant’s data, Order to name an Article 27 representative.Legal references: Article 5, Article 6, Article 9, Article 27 GDPR.Cross-border case or national case: National case.
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