![]() ![]() Clearview’s PR agency, LakePR Group, issued a statement to TechCrunch declaring that CNIL did nothing wrong and since it merely “collects publicly available information from the internet, just like any other search engine like Google, Bing or DuckDuckGo.” It further reiterated that since it does not have a place of business in the EU or undertake activities that “would otherwise mean it is subject to the GDPR. Following months of ghosting, the CNIL added an article 31 violation, failure to cooperate.Īccording to TechCrunch, he GDPR allows for fines up to 4% of a company’s worldwide annual revenue or €20 million, whichever amount is greater. ![]() The CNIL notified Clearview AI in November 2021 that they must cease collection of biometric data of French citizens and comply with individuals’ requests to have their data scrubbed. ![]() They found Clearview in violation of articles 6, 12, 15, and 17 of the GDPR, which cover unlawfully processing personal data and failing to account for individuals’ rights. ![]() In May 2020, the CNIL first received complaints about Clearview, and the commission, along with equivalent organizations across the EU, investigated the matter. As covered by Law Street they have faced numerous lawsuits for infringing upon individuals’ privacy rights. They charged Clearview with unlawful processing of personal data, failure to account for individuals’ personal rights, and lack of cooperation with the CNIL.Ĭlearview AI is a company that scrapes, among other media, individuals’ social media photos to compile a massive face dataset that can then be used by law enforcement for facial recognition. The restricted committee added to this injunction a penalty of 100,000 euros per day of delay beyond these two months.įor further information: national news Reconnaissance faciale : sanction de 20 millions d’euros à l’encontre de CLEARVIEW AI (FR), Facial recognition: 20 million euros penalty against CLEARVIEW AI (EN).France’s National Commission on Informatics and Liberty (CNIL) issued a €20 million fine to Clearview AI for three breaches of the European Union’s General Data Protection Regulation (GDPR), according to a press release. Clearview AI was fined 20 million for illegally collecting and using personal data through biometric monitoring of people in France. Regarding the very serious risks to the fundamental rights of the data subjects resulting from the processing carried out by the company, the restricted committee decided to order 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 has already collected, within a period of two months. On the basis of the information brought to its attention, the restricted committee decided to impose a maximum financial penalty of 20 million euros, according to article 83 of the GDPR. Lack of cooperation with the CNIL (Article 31 of the RGPD).Individuals' rights not respected (articles 12, 15 and 17 of the GDPR).Unlawful processing of personal data (breach of article 6 of the GDPR).The Chair of the CNIL therefore decided to refer the matter to the restricted committee, which is in charge for issuing sanctions. However, it did not provide any response to this formal notice. Clearview AI had two months to comply with the injunctions formulated in the formal notice and to justify them to the CNIL. On 26 November 2021, the Chair of the CNIL decided to give Clearview AI formal notice to cease the collection and use of data of persons on French territory in the absence of a legal basis to to facilitate the exercise of individuals' rights and to comply with their requests for erasure. In May 2021, the association Privacy International also warned the CNIL about this practice. On 13 July 2022, Hellenic DPA fined Clearview AI 20 million for the violation of lawfulness and transparency principles and its obligations under Articles 12, 14, 15, and 27 of the GDPR. Summary of the Decision Origin of the caseĪs of May 2020, the Commission nationale de l'informatique et des libertés, CNIL received complaints from individuals about Clearview AI's facial recognition software and opened an investigation. Read the entire article: CNIL issues 20 million GDPR fine to Clearview AI. Decision: Infringement of the GDPR, Administrative fine, Order to comply with periodic penalty payments.Legal Reference: Lawfulness of processing of personal data (article 6 of the GDPR), Rights of individuals (articles 12, 15 and 17 of the GDPR), Cooperation with supervisory authority (article 31 of the GDPR).Cross-border case or national case: National case.Date of final decision: 19 October 2022. ![]()
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