![]() The complaints received by the CNIL revealed the difficulties encountered by complainants in exercising their rights with Clearview AI. Individuals' rights not respected (Articles 12, 15 and 17 of the GDPR) The seriousness of this breach led the CNIL chair to order Clearview AI to cease, for lack of a legal basis, the collection and use of data from people on French territory, in the context of the operation of the facial recognition software it markets. These people, whose photographs or videos are accessible on various websites, including social media, do not reasonably expect their images to be processed by the company to supply a facial recognition system that could be used by States for law enforcement purposes. Indeed, this company does not obtain the consent of the persons concerned to collect and use their photographs to supply its software.Ĭlearview AI does not have a legitimate interest in collecting and using this data either, particularly given the intrusive and massive nature of the process, which makes it possible to retrieve the images present on the Internet of several tens of millions of Internet users in France. The Clearview AI's facial recognition software, which does not comply with this rule, is therefore unlawful. In order to be lawful, a processing of personal data must be based on one of the legal basis referred to in article 6 of the GDPR. Details of the identified breaches Unlawful processing of personal data (breach of article 6 of the GDPR) The vast majority of people whose images are collected into the search engine are unaware of this feature. These biometric data are particularly sensitive, especially because they are linked to our physical identity (what we are) and enable us to identify ourselves in a unique way. a digital representation of a person's physical characteristics (the face in this case). In order to do so, the company builds a "biometric template", i.e. The company offers this service to law enforcement authorities in order to identify perpetrators or victims of crime.įacial recognition technology is used to query the search engine and find a person based on their photograph. Thanks to this collection, the company markets access to its image database in the form of a search engine in which a person can be searched using a photograph. Thus, the company has collected over 10 billion images worldwide. Images are also extracted from videos available online on all platforms. that can be viewed without logging in to an account). It collects all the photographs that are directly accessible on these networks (i.e. If it has not complied within the two month period, the CNIL chair may request the restricted committee to issue, if necessary, a sanction (including an administrative fine).įacial recognition, the CNIL issues order to CLEARVIEW How does the CLEARVIEW AI's facial recognition service work?ĬLEARVIEW AI collects photographs from many websites, including social media.
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