![]() Clearview AI refused to disclose how many of the 20 billion odd images in its database relate to UK residents.That monitoring could not take place without the Clearview AI service. While Clearview AI is not directly monitoring the individual’s behaviour, it’s processing is related to monitoring carried out by the customer.In particular, by reviewing the outputs of that search, the customer is seeking to “ ascertain information about a particular individual’s behaviour…over a period of time”. When a customer tries to match the photo of an individual with the faces in Clearview AI’s database it is “ monitoring of the behaviour” of that individual.The Information Commissioner concluded that Clearview AI was caught on this basis. This means that the only basis upon which it could be subject to the UK GDPR/GDPR as a result of monitoring the behaviour of individuals in the UK (Art 3(2)(b)). Extra-territorial application of the UK GDPRĬlearview AI does not have any presence in the UK and, save for the trial described above, does not offer its services to customers in the UK. For example, Clearview AI has offered its services to the Government of Ukraine in connection with the Russian invasion to identify combatants and the deceased on both sides of the conflict. However, this technology is apparently used for other purposes. In the UK, at least five law enforcement authorities carried out a trial of the system and conducted 721 searches on the system in order to try and identify the individuals. The primary purpose appears to be law enforcement. The intention is that this additional information can then be used to identify the individual in the image. The tool returns potential matches alongside with metadata and URLs associated with the original image. Those facial vectors are then used to search Clearview AI’s database, which is said to extend to some 20 billion images scraped from the public internet. A customer can submit an image that Clearview AI then turns into a set of facial vectors. The Clearview AI toolĬlearview AI operates a facial recognition tool. This raises important questions about both the theoretical jurisdiction of the UK GDPR and the practical limits on extra-territorial enforcement. The UK Information Commissioner has fined Clearview AI £7.5m and ordered it to stop processing data about UK residents.
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