Clearview AI Fined €30.5 Million by Dutch Watchdog for Illegal Facial Recognition Database

ODSC - Open Data Science
3 min readSep 5, 2024

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Clearview AI, a U.S.-based facial recognition company, has been fined €30.5 million ($33.7 million) by the Dutch Data Protection Authority for building an unauthorized facial recognition database.

The DPA announced the fine on Tuesday, stating that the company’s database. This includes millions of facial images scraped from social media and other public sources, violating the European Union’s General Data Protection Regulation.

Clearview AI Not Out of the Water

In addition to the hefty fine, the DPA imposed an order on Clearview AI that could result in an additional penalty of up to €5 million if the company fails to comply with regulations. Clearview AI’s chief legal officer, Jack Mulcaire, responded to the decision, asserting that Clearview AI does not have a physical presence or customers in the Netherlands or anywhere in the EU.

He said in part, “Clearview AI does not have a place of business in the Netherlands or the European Union, it does not have any customers in the Netherlands or the EU,“. He further argued that the company does not engage in activities that would subject it to GDPR, describing the DPA’s decision as “unlawful, devoid of due process, and unenforceable.

EU Regulatory Efforts

Despite Mulcaire’s claims, the DPA highlighted that Clearview AI did not contest the decision. This eliminates the possibility of an appeal against the fine. This fine is part of a broader European effort to regulate facial recognition technologies, which privacy advocates argue can lead to mass surveillance and misuse of personal data.

DPA Chairman Aleid Wolfsen emphasized the seriousness of the violation, stating, “Facial recognition is a highly intrusive technology that you cannot simply unleash on anyone in the world.” Wolfsen warned that using Clearview’s services is also illegal under Dutch regulations, further complicating the company’s operations in the EU.

This enforcement action is not an isolated incident; the DPA recently fined Uber for transferring the personal data of European taxi drivers to the United States without proper authorization, breaching EU privacy rules. Uber has contested the fine, calling it unjustified and announcing plans to appeal the decision.

Growing Privacy Concerns with AI

The scrutiny of Clearview AI and similar companies reflects growing concerns over the ethical use of facial recognition technology. Privacy advocates and regulators argue that these technologies pose significant risks to individual privacy.

This includes potential misuse ranging from unwarranted surveillance to identity theft. The GDPR, one of the world’s most stringent data protection laws, aims to safeguard personal data, including biometric data, by enforcing strict consent and transparency requirements.

Clearview AI has previously faced legal challenges in other jurisdictions; which includes lawsuits and fines in the U.K., Australia, and Canada. The company’s business model, which involves scraping publicly available images from the internet to build its facial recognition database, has raised alarms globally over potential breaches of privacy laws.

Originally posted on OpenDataScience.com

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