12/13/2023 0 Comments France clearview ai gdpr![]() ![]() But the CNIL’s press release clearly indicates that it imposes the maximum possible amount here. The EU GDPR allows for penalties of up to 4% of a company’s annual worldwide turnover for the most serious breaches, or €20 million, whichever is greater. ![]() On the basis of the elements brought to its attention, the select committee decided to impose a maximum financial penalty of 20 million eurosin accordance with Article 83 of the GDPR. ![]() “The president of the CNIL therefore decided to seize the select committee, responsible for pronouncing the sanctions. However, he did not provide any response to this formal notice“, writes today the CNIL in a press release announcing the sanction. “Clearview AI had two months to comply with the injunctions formulated in the formal notice and justify them to the CNIL. Lack of cooperation with the CNIL (article 31 of the GDPR).Rights of individuals not respected (articles 12, 15 and 17 of the GDPR).Unlawful processing of personal data (violation of Art.Here is the CNIL’s summary of Clearview’s shortcomings: This comes after it failed to respond to an order last year from CNIL, France’s privacy watchdog, to stop its illegal handling of French citizens’ information and delete their data.Ĭlearview responded to this order by, well, masking the regulator – thus adding a third GDPR violation (non-cooperation with the regulator) to its previous tally. Whether the company will comply within the two-month period is yet to be seen.Clearview AI, the controversial facial recognition company that removes selfies and other personal data from the internet without consent to power an AI-powered identity matching service it sells to law enforcement and security forces others, was hit with another fine in Europe. Apart from CNIL’s fine, there have been fines of 20 million Euros by Greece’s Hellenic DPA in July 2022, over 7.5 million pounds by the UK Information Commissioner’s Office in May 2022 and 20 million Euros by the Italian Garante in March 2022.ĬNIL’s decision was likely not the last one, considering that the all-encompassing nature of Clearview AI’s collection of personal data that – given the company’s business model – inevitably concerns EU data subjects. So far, it has been fined more than 68 million Euros in total. Lastly, it penalized the company’s failure to cooperate with the CNIL.įor over two years, Clearview AI has been under the scrutiny of data protection authorities (“DPA”s) all over the world. Second, the CNIL sanctioned Clearview AI’s inadequate handling of data subjects’ requests. Given the “intrusive and massive nature of the process which makes it possible to retrieve the images present on Internet of the millions of internet users in France”, Clearview AI had no legitimate interest in the data processing. First, Clearview AI had processed the data without a legal basis. Therefore, the authority imposed not only the fine but also an order to Clearview AI “to stop collecting and processing data of individuals residing in France without a legal basis and to delete the data of these persons that it had already collected, within a period of two months.” In addition, it set a “penalty of 100,000 euros per day of delay beyond these two months.”ĬNIL based its decision on three breaches. ![]() The decision followed several complaints from data subjects in 2020, which led to the CNIL’s investigations and a formal notice to Clearview AI in November 2021 to “cease the collection and use of data of persons on French territory in the absence of a legal basis” and “facilitate the exercise of individuals’ rights and to comply with requests for erasure.” However, the company did not react to this notice within the two-month deadline imposed by the CNIL. Access to the search engine based on this database is offered to law enforcement authorities. The French data protection authority CNIL imposed a fine of 20 million Euros on Clearview AI, being the latest in a line of authorities deeming the processing activities of the biometrics company unlawful under data protection law.Ĭlearview AI is a US company that extracts photographs and videos that are directly accessible online, including social media, in order to feed its biometric image database, which it prides itself to be the biggest in the world. ![]()
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