The UK, who uses GDPR, has found Clearview AI in breach of privacy laws. One of the regulators, the UK’s Information Commissioner’s Office, announced that it had found Clearview AI’s practices to be in breach of the UK’s data privacy laws and announced its “provisional intent to impose a potential fine of just over £17 million”. In May 2021, digital rights organizations submitted complaints before 5 European data privacy regulators against Clearview AI. While Clearview AI might believe that implied consent is enough, it likely won’t hold under the GDPR.Īn example of this occurred last year. In other words, special data cannot be processed outside of the purpose for which it is specified. Furthermore, GDPR considers biometric data to be a special category of data, which requires explicit consent for a specified purpose. However, under GDPR, consent requires a clear affirmative act. When defending themselves, Clearview AI might argue that individuals who post information on the internet are implicitly consenting to sharing their information with the public at large. Under GDPR, consent would be a way of reigning in Clearview AI’s scraping. This article asks and attempts to answer whether international privacy laws, such as GDPR, are adequate in preventing the invasiveness that comes with scraping. To give some perspective as to the invasiveness of facial recognition technology Google, a company renowned for privacy violations, has expressed hesitancy in embracing facial recognition technology. Clearview AI accomplishes this through a practice called “scraping”, where users on social media sites post information, photos for example, and companies, such as Clearview AI, will extract that information and use it for their own purposes. Their mission was to create a facial recognition program that used images from public sites like Facebook and Twitter to create a facial recognition database. In early 2020, the New York Times reported that a previously unheard-of company, Clearview AI, was engaging in something notable.
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