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Bytesize Legal Updates | Fieldfisher

Bytesize Legal Update - The Clearview AI Decision

Bytesize Legal Updates | Fieldfisher

Fieldfisher

Business

54 Ratings

🗓️ 25 October 2023

⏱️ 18 minutes

🧾️ Download transcript

Summary

Clearview AI, a US-based facial recognition technology firm, has successfully challenged a £7.5 million fine imposed by the UK's privacy watchdog, the Information Commissioner's Office (ICO), for unlawfully storing facial images of UK citizens. The first-tier tribunal concluded that the ICO "did not have jurisdiction" to issue a fine or take enforcement action, despite Clearview's processing of data pertaining to individuals in the UK; but also made a number of interesting findings regarding...

Transcript

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0:00.0

Hi, I'm Megan Ward and I'm joined by Flick Fisher for today's bite-size legal update.

0:08.6

We'll be talking about Clearview AI's successful challenge against a 7.5 million pound fine issued

0:13.7

by the UK Data Protection Regulator.

0:28.5

Now, the headline is somewhat of a red herring for the other more interesting takeaways from the case.

0:31.4

Today, we'll be unpacking the analysis behind the judgment. Thank you. So who is Clearview?

0:45.5

Clearview is a well-funded New York-based startup.

0:48.7

They offer a facial recognition search engine, predominantly used by law enforcement

0:52.6

and government agencies to help investigate crimes.

0:55.0

Their service is powered by a database of reportedly over 20 billion facial images with a 75 million image per day growth rate.

1:03.0

Now those images are collected by Clearview crawling the web to scrape publicly available images of individuals

1:09.0

and their practices around that collection

1:11.5

has got them into trouble with privacy regulators in a number of countries. We can split

1:16.4

clear views processing into two activities and these were referred to as processing activity

1:21.5

one and two in the case. Processing activity one covers Clearview's collection of the images and the

1:26.9

development and maintenance of its database.

1:29.3

And Processing Activity 2 covers Clearviews processing from the receipts of the probe image,

1:34.3

and that's the image submitted by their client to use for the search,

1:39.3

to the matching of the probe image against the database and returning any results to the client.

1:49.0

So, before we delve into the UK court decision, Flick, perhaps you can give us a quick overview of how we got to where we are today, because it's the latest in a number of regulatory

1:53.7

decisions against Clearview in Europe and beyond. Yeah, thanks, Megan. So yeah, this is not the first

1:59.9

time that Clearview has been under the hammer from the regulators. The European block has made, has been making it very difficult for Clearview to sell its services in Europe. We've had a number of regulatory enforcement actions that have been taken against them from regulators across Europe, including the Keneal, the Italian

2:18.6

regulators and the Greek regulators. And all of those regulators have really challenged the fact

...

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