Clearview AI Faces €20 Million Penalty in France
The Case
In late 2022, Clearview AI, a company that uses artificial intelligence to provide facial recognition services, was hit with a €20 million penalty by the French data protection authority, CNIL. The penalty was imposed following a formal notice from CNIL, which Clearview AI failed to address. The company was ordered to stop collecting and using data on individuals in France without a legal basis and to delete the data already collected.
Clearview AI’s facial recognition service works by collecting photographs from many websites, including social media. The company has collected over 20 billion images worldwide. These images are used to create a search engine, which can identify a person using a photograph. This service is offered to law enforcement authorities to identify perpetrators or victims of crime.
Key Issues
The notice from CNIL came from an investigation which showed several breaches of the GDPR:
- Collecting data without a legal basis constituted unlawful processing of data, contrary to Article 6;
- Failure to uphold the rights of individuals, particularly with access and erasure requests, contrary to Article 12, 15 and 17);
- Failure to comply with the regulator, contrary to Article 31)
The Clearview AI case is emblematic of the novel legal challenges that AI systems are introducing. Several factors contribute to the uniqueness and magnitude of these issues:
- AI systems, especially those like Clearview AI, operate on vast datasets (Clearview AI has collected over 20 billion images worldwide). The sheer volume of data being processed and the potential for misuse is unparalleled.
- AI algorithms, especially deep learning models, are often termed “black boxes” due to their opacity, making it challenging to discern how decisions are made.
- AI platforms often operate across borders. This transnational operation mode can lead to conflicts between local laws and global operations, complicating regulatory efforts.
The penalty against Clearview AI is a clarion call for tech companies, regulators, and the public. As AI systems become more integrated into various sectors, there’s an urgent need for robust legal frameworks that not only address the immediate concerns but also anticipate future challenges.