The Dutch Data Protection Authority (Dutch DPA) has imposed a 30.5 million euro fine on the US-based company Clearview AI for constructing an “illegal database” that contains over 30 billion images of individuals. The Dutch DPA’s investigation concluded that Clearview AI’s processing of personal data violated the European Union’s General Data Protection Regulation (GDPR).
The investigation found multiple breaches of the GDPR, including violations of Article 5(1) related to lawful, fair, and transparent processing of personal data, and Article 6(1), which establishes conditions for lawful processing. Additionally, Clearview AI failed to comply with Article 12(1) and Articles 14(1) and (2), which mandate that data subjects be adequately informed about data processing activities.
The Dutch DPA emphasized that such penalties are crucial, citing Clearview AI’s failure to inform citizens about the processing of their personal data, not responding to access requests, and not designating a representative within the EU. The data protection authority has also issued four orders for Clearview to comply with, subject to non-compliance penalties totaling up to 5.1 million euros.
Clearview AI, in statements on its website, asserts that its technology is “entirely lawful” and claims it is only available to government agencies and contractors. Despite its claims, Aleid Wolfsen, the chairman of the Dutch DPA, warned that Dutch organizations using Clearview’s services risk similar penalties. According to Wolfsen, “Clearview breaks the law, and this makes using the services of Clearview illegal.”
The watchdogs from Italy, Greece, and France have previously fined Clearview AI for similar GDPR violations.
In conclusion, Clearview AI remains under scrutiny from European data protection authorities, as its use of facial recognition technology continues to raise significant legal and ethical questions. The full implications of this fine and the Dutch DPA’s orders remain to be seen in the broader context of data privacy and protection in the EU.
For the detailed announcement, please refer to the original report here.