Photo credit: www.cbc.ca
The Dutch data protection authority has levied a hefty fine of 30.5 million euros (approximately $45.6 million Cdn) against the facial recognition company Clearview AI for establishing what they describe as an “illegal database” comprised of billions of facial images.
The Netherlands’ Data Protection Agency (DPA) emphasized that Dutch firms are prohibited from utilizing Clearview AI’s services.
According to the DPA, Clearview, which is based in New York, has not contested this ruling and, as a result, has forfeited its right to appeal the penalty.
In reaction to this decision, Clearview’s Chief Legal Officer, Jack Mulcaire, stated in an email to the Associated Press that the ruling is “unlawful, devoid of due process, and is unenforceable.”
The DPA’s ruling is underscored by serious violations of the European Union’s General Data Protection Regulation (GDPR), particularly concerning the creation of the database without adequately informing individuals whose images have been included.
DPA Chairman Aleid Wolfsen articulated concerns about the intrusive nature of facial recognition technology. He remarked, “Facial recognition is a highly intrusive technology, that you cannot simply unleash on anyone in the world.” He emphasized that virtually anyone with a photo online could potentially be tracked through Clearview’s database, a scenario that he asserts is not just hypothetical or confined to authoritarian regimes.
The DPA has also warned that if Clearview does not cease its regulatory violations, the company could face additional penalties for noncompliance, amounting to as much as 5.1 million euros ($5.6 million Cdn) atop the current fine.
Clearview AI Maintains Exemption from EU Regulations
In his statement, Mulcaire argued that Clearview is not subject to EU data protection laws, claiming, “Clearview AI does not have a place of business in the Netherlands or the EU, it does not have any customers in the Netherlands or the EU, and does not undertake any activities that would otherwise mean it is subject to the GDPR.”
The DPA’s findings highlight the alarming potential for individuals to appear in Clearview AI’s database and be tracked globally if their images exist online.
Earlier this year, Clearview AI reached a settlement concerning a lawsuit in Illinois, which accused the company of infringing on the privacy rights of individuals through its expansive facial recognition database. This settlement, which attorneys estimate may exceed $50 million US, did not require Clearview to admit any wrongdoing.
The Illinois case consolidated multiple lawsuits from various states, targeting Clearview’s practice of aggregating images from social media and the broader internet to create a database marketed to a wide range of clients, including businesses and government agencies.
Source
www.cbc.ca