Clearview AI Ruled Illegal in Canada

Clearview AI Found in Violation of Canadian Privacy Regulations

A ruling by Canada’s leading privacy authority has determined that Clearview AI, a facial recognition company, breached Canadian privacy legislation. This violation stems from the collection of photographs of Canadian citizens without their awareness or explicit authorization.

Initial Claims and Subsequent Criticism

The New York-based firm gained prominence approximately one year ago with assertions of possessing a database exceeding 3 billion facial images. They emphasized collaborations with law enforcement agencies and police forces. However, the company quickly encountered substantial backlash.

This criticism centered on the practice of scraping data from social media platforms without obtaining permission. Consequently, major platforms including Facebook, LinkedIn, and Twitter issued cease and desist notices, demanding a halt to these activities.

Privacy Commissioner’s Findings

According to a statement released by Canada’s Office of the Privacy Commissioner, the investigation revealed that Clearview AI gathered “highly sensitive biometric information” without the necessary knowledge or consent of the individuals involved.

Furthermore, the commissioner’s office found that the company’s collection, utilization, and disclosure of Canadians’ personal information were undertaken for purposes deemed inappropriate, and these purposes could not be justified through consent.

Clearview AI’s Defense

Clearview AI disputed these allegations, arguing that Canadian privacy laws are inapplicable to their operations. They maintain they lack a “real and substantial connection” to Canada.

The company also asserted that consent was not required, as the images they collected were publicly accessible. This argument is currently being contested in legal proceedings.

Legal Challenges and Precedents

The company is currently facing a class action lawsuit, referencing Illinois’ biometric protection laws. These same laws previously resulted in a $550 million penalty for Facebook last year, for a similar violation.

Recommendations and Potential Further Action

Canada’s privacy watchdog dismissed Clearview’s defense and indicated it will “pursue other actions” if the company fails to adhere to its recommendations. These recommendations include ceasing the collection of data from Canadian citizens and deleting all previously acquired images.

Suspension of Services in Canada

Clearview AI announced in July that it had discontinued providing its technology to Canadian clients, following the cessation of its use by the Royal Canadian Mounted Police and the Toronto Police Service.

Strong Condemnation from Privacy Commissioner

“What Clearview does is mass surveillance and it is illegal,” stated Daniel Therrien, Canada’s privacy commissioner. “It represents a violation of individual privacy rights and causes widespread harm to society, effectively placing all citizens under constant police scrutiny. This is entirely unacceptable.”