back to article Data watchdog fines Clearview AI $33M for 'illegal' data collection

The Dutch Data Protection Authority (DPA) has fined controversial facial recognition company Clearview AI €30.5 million ($33 million) over the "illegal" collation of images. The problem, as far as the Dutch DPA is concerned, is that people in the images scraped by Clearview AI are not aware of the process, and have not given …

  1. EvaQ

    Maybe the Chief Legal Officer at Clearview AI should get some legal advice about GDPR.

    Article: "Jack Mulcaire, Chief Legal Officer at Clearview AI, said in a statement sent to The Register: "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. This decision is unlawful, devoid of due process, and is unenforceable.""

    Dutch DPA: "Among other things, Clearview has built an illegal database with billions of photos of faces, including of Dutch people." ... Dutch people, and thus subject to GDPR.

    Maybe the Chief Legal Officer at Clearview AI should get some legal advice about GDPR.

    Or not, but then indeed avoid visiting the EU. And watch out for an extradition request

    1. Zippy´s Sausage Factory

      Re: Maybe the Chief Legal Officer at Clearview AI should get some legal advice about GDPR.

      They also ought to be aware that if one of their customers has a business in the EU and uses Clearview's technology, then their defence of "EU law doesn't apply to us" starts to look a lot less robust.

      1. Anonymous Coward
        Anonymous Coward

        Re: some legal advice about GDPR.

        It doesn't matter if a company they do business with has an EU arm.

        GDPR [and UK DPA] applies to the citizens' rights, for EU/UK citizens GDPR it applies world wide.

        That's why Safe Harbour was killed with fire in the EU courts

        1. Anonymous Coward
          Anonymous Coward

          Re: some legal advice about GDPR.

          If it applied globally they wouldn't have issues enforcing fines on non-EU entities, but instead are hoping some Clearview directors have some connection to the EU they can exploit. Which suggest the caveat, it applies globally as long as you have some connection to the EU that allows enforcement.

          1. Michael Wojcik Silver badge

            Re: some legal advice about GDPR.

            Exactly. Enforcement is the practical issue here.

            That said, as much as I loathe Clearview, this sort of action — every government's laws apply to every entity everywhere — does not generalize in a happy fashion. The Dutch DPA does not worry me, but I also don't see who's going to draw the line when Russia and China start declaring every IT organization they don't like is in violation of X, Y, and Z. I'm tempted to waive that objection for GDPR, which I think is important and progressive, but that's my bias talking; I can't defend that in any legally-satisfying way.

            Extradition treaties aren't the solution, since 1) they don't apply to corporations, so to be useful the prosecuting jurisdiction would have to convince the extraditing one to pierce the corporate veil, and 2) they're not followed justly or equitably (the US has a habit of ignoring extradition requests, for example).

    2. Anonymous Coward
      Anonymous Coward

      Re: Maybe the Chief Legal Officer at Clearview AI should get some legal advice about GDPR.

      Hard to believe no law enforcement would not in some way use/have used it, but then in a collaboration you can sort that by having the agencies from across the pond with the more amenable legislation confirm they used it.

  2. Empire of the Pussycat

    Simple, arrest any exec/board member that sets foot in the EU

    Time to stop screwing around while social media, AI etc. deny responsibility for the consequences of their (in)actions.

    1. mickaroo

      Re: Simple, arrest any exec/board member that sets foot in the EU

      I work in pharmaceutical manufacturing and everyone, up to and including the company president, may be held liable for Good Manufacturing Practice violations.

      What makes Silicon Valley tech company executives special?

      1. ecofeco Silver badge

        Re: Simple, arrest any exec/board member that sets foot in the EU

        What makes them so special? Just because they just are! Just ask them!

        We don't call them tech douche bros for nothing.

      2. Michael Wojcik Silver badge

        Re: Simple, arrest any exec/board member that sets foot in the EU

        The utter lack of regulation and liability in the IT industry, that's what.

  3. Eclectic Man Silver badge
    Unhappy

    Collecting data on foreign citizens without their permission

    I do wonder whether the Clearview Directors understand just how creepy their facial recognition database of foreign nationals (i.e. non-USAfolk) is? How does the USA react to foreign firms collecting vast amounts of data on American citizens, without permission?

    The defence that they do not have business premises or customers in the EU will exercise the lawyers, should any director come to trial, but my guess is that they will rely on being physically outside both the jurisdiction of EU courts and the reach of EU law-enforcement agencies, and I doubt the USA government will be bothered by a polite request from the EU to extradite anyone. So, as the article suggests, probably not holidaying in Europe any time soon.

    1. Anonymous Coward
      Anonymous Coward

      Re: Collecting data on foreign citizens without their permission

      It's no less creepy for US citizens. It's just we don't have adequate laws to rein them in here.

      1. Michael Wojcik Silver badge

        Re: Collecting data on foreign citizens without their permission

        Yeah, the best opportunity was probably the ACLU suit under the Illinois biometric law, and that was an abject failure.

        Someone really needs to nuke these bastards from orbit.

  4. Sora2566 Silver badge

    I wish the Dutch the best of luck in shutting this operation down.

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