Per the ruling, Clearview argued it’s a foreign company providing its service to “foreign clients, using foreign IP addresses, and in support of the public interest activities of foreign governments and government agencies, in particular in relation to their national security and criminal law enforcement functions”. The U.K.’s General Data Protection Regulation (GDPR) stipulates that the processing of personal data by competent authorities for law enforcement purposes is outside its scope - and is instead subject to rules in Part 3 of the Data Protection Act 2018 (which brought the EU Law Enforcement Directive EU2016/680 into U.K. But the ICO’s case came unstuck on legal jurisdiction. It also found the company to be a joint controller for the processing. data protection law owing to an exemption related to foreign law enforcement.Īlthough the tribunal did agree with the ICO’s argument that Clearview’s processing was related to the monitoring of data subjects’ behavior carried out by its clients. And in a ruling issued yesterday its legal challenge to the ICO prevailed on jurisdiction grounds after the tribunal ruled the company’s activities fall outside the jurisdiction of U.K. citizens.Ĭlearview filed an appeal against the decision. It also ordered the company, which uses the scraped personal data to sell an identity-matching service to law enforcement and national security bodies, to delete information it held on U.K. In May 2022, the Information Commissioner’s Office (ICO) issued a formal enforcement notice on Clearview - which included a fine of around £7.5 million (~$10 million) - after concluding the self-scraping AI firm had committed a string of breaches of local privacy laws. Controversial US facial recognition company, Clearview AI, has won an appeal against a privacy sanction issued by the U.K.
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