The Dutch Data Protection Authority (AP) recently announced that it has fined the company Clearview AI for illegally building a biometric database.
According to Techcrunch on September 3, the AP agency imposed a fine of 30.5 million euros (about 33.7 million USD) on Clearview AI for multiple violations of the European Union's General Data Protection Regulation (GDPR). Clearview AI was accused of collecting and storing photos of Dutch citizens without prior consent or notice to the individuals involved.
Under GDPR, European (EU) citizens have the right to ask companies to provide them with a copy of their personal data or to delete it if they do not agree. However, Clearview AI has not complied with these requests despite receiving numerous complaints from individuals in the Netherlands.
The AP determined that Clearview AI could not invoke any GDPR exceptions to justify its unauthorized collection and use of biometric data.
Clearview AI has no headquarters or customers in the Netherlands or the EU, and believes the AP decision is unlawful and unenforceable, a company spokesman, Jack Mulcaire, said in a statement. However, Clearview AI did not appeal the ruling, meaning the court’s decision cannot be overturned.
Clearview AI CEO in a speech. Source: Techcrunch.
It’s worth noting that GDPR applies globally, meaning it protects the privacy of EU citizens regardless of where their data is processed. While Clearview AI has provided identity recognition services to government and law enforcement agencies, its EU client base has dropped significantly due to privacy-related legal concerns.
AP President Aleid Wolfsen warned that Dutch organizations using Clearview AI could face serious penalties. “Clearview is breaking the law and using its services is illegal. Dutch organizations that continue to use Clearview will be held liable,” he said.
Clearview AI currently faces a total of about €100 million in fines in Europe, but recovering those fines remains a major challenge for regulators. The AP is also looking into whether Clearview AI executives could be held personally liable for the violations.
