![]() ![]() The Garante's investigation into Clearview AI was instigated following "complaints and reports", namely that Clearview AI was being used by police forces in 24 countries outside the US to run searches for suspects (you can see the full report here). Article 27 of the GDPR Clearview AI had failed to nominate a representative in the EU.Article 15 of the GDPR when it was requested of Clearview AI, complainants did not receive a precise and transparent list of categories of information processed by the company and.Articles 13 and 14 of the GDPR Clearview AI's online privacy policy lacked a specific indication of the legitimate interest basis for processing and did not set out any data retention periods.Article 12 of the GDPR: the responses received by complainants to Clearview AI were deemed inadequate and unjustifiably delayed, and Clearview AI was found to be making excessive requests of the complainants to verify their identities.Article 9 of the GDPR: the processing of biometric data carried out by Clearview AI did not qualify for any of the exceptions to processing sensitive data.Article 6 of the GDPR: the Garante considered that the legitimate interest basis for such processing did not outweigh the rights and freedoms of data subjects, especially due to the intrusive nature of the processing.Articles 5(1)(a), 5(1)(b), and 5(1)(e) of the GDPR: Clearview AI had not adequately informed the owners of the photos being used for facial recognition what they were being used for, had processed data subject's data for purposes other than they had stipulated, and had violated the storage limitation principle by keeping data indefinitely.Other General Data Protection Act ("GDPR") breaches identified included: The main impetus of the sanction was that the US-based firm was found to be processing data (including geolocation and biometric data) illegally without relying on an adequate legal basis. The supervisory authority published its decision on the 9th of March 2022, the decision having been originally issued earlier this year in February. The Italian data protection authority (the "Garante") has sanctioned facial recognition firm Clearview AI to the tune of €20 million for breaches of EU law. ![]()
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