CLEARVIEW AI – Violation Found (France, 2021)

Violation Found
Commission Nationale de l'Informatique et des Libertés26 November 2021France
final
Violation Found

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

Clearview AI was found to be processing biometric data without a legal basis and hindering individuals' rights to access and delete their data. The French CNIL discovered that Clearview AI used facial recognition on data from public sources without consent. This case emphasizes the importance of respecting privacy rights and obtaining proper consent for data processing.

What happened

Clearview AI processed biometric data from public sources without a legal basis and obstructed individuals' rights to access and delete their data.

Who was affected

Individuals whose biometric data was collected and processed by Clearview AI without their consent.

What the authority found

The CNIL determined that Clearview AI's data processing was unlawful due to a lack of consent and inadequate facilitation of individuals' rights.

Why this matters

This case serves as a warning to companies using AI and biometric data that they must have a clear legal basis and respect individuals' privacy rights. It highlights the growing scrutiny on AI technologies and the need for transparency and consent in data processing.

GDPR Articles Cited

Art. 6 GDPR
Art. 12 GDPR
Art. 15 GDPR
Art. 17 GDPR
Full Legal Summary
Detailed

The CNIL received several complaints from individuals and NGOs on the way Clearview AI's processing of biometric data. The company conducts facial recognition AI trainings for law enforcement purposes mainly on a large database from public web sources, including social media. The CNIL started an EU-wide investigation in close collaboration with other competent EU DPAs. The CNIL's investigations revealed two main breaches of the GDPR. First, Clearview AI was illegally processing personal data. Indeed, as stated in Article 6 GDPR, a legal basis is required to process personal data. The company had no legitimate interest to collect and process such sensitive data and therefore had to rely on a consent-based approach (Article 6(1)(b) GDPR). Since the the company did not appear to seek any consent from individuals the processing operations were deemed unlawful. Second, Clearview AI had been unlawfully hindering individuals from exercising their rights. On the one hand, insufficient information and accessibility regarding procedures were provided, thus in breach of Article 12 GDPR. On the other hand, the company had undermined individuals rights of access (Article 15 GDPR) and right to be forgotten (Article 17 GDPR) by: * restricting access to data collected only in the 12 previous months; * authorizing right of access only twice a year; * answering requests only after several attempts from individuals; * not effectively answering requests by providing incorrect and incomplete replies. The CNIL sent Clearview a letter of formal notice asserting that Clearview must facilitate individuals rights exercising and stop processing data without relevant legal basis within a two months period, as well as delete any personal data collected previously.

Outcome

Violation Found

The DPA found a violation but did not impose a fine.

Related Enforcement Actions (0)

No other enforcement actions found for CLEARVIEW AI in FR

This is the only recorded action for this entity in this jurisdiction.

Details

Decision Date

26 November 2021

Authority

Commission Nationale de l'Informatique et des Libertés

GDPRhub ID

gdprhub-4470

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
AI-verified and classified

Cite as: Cookie Fines. CLEARVIEW AI - France (2021). Retrieved from cookiefines.eu

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