US-based facial recognition firm Clearview AI has been accused of ignoring actions handed down by several EU data protection authorities (DPA) as a new criminal complaint has been filed against the company.
On October 28, European Center for Digital Rights, noyb, filed a criminal complaint in Austria about Clearview AI and its managers.
Clearview AI offers facial recognition services to intelligence and investigative services, it claims to have a database of over 60 billion facial images sourced from public-only web sources, including news media, mugshot websites, public social media and other open sources.
The firm has previously argued that because it has no presence in Europe and does not provide services within the EU, it should not have to comply with the General Data Protection Regulation (GDPR). However, the Dutch DPA argued that because the database includes European citizens’ data, it must comply with EU law.
In its latest action against Clearview, the noyb non profit noted that EU law is not limited to administrative fines under the GDPR. Article 84 GDPR also allows EU member states to foresee criminal sanctions for GDPR breaches.
In contrast to GDPR violations, criminal violations also allow actions to be taken against managers and to use the full range of criminal procedures, including EU-wide actions.
“For that reason, noyb now filed a criminal complaint with the public prosecutors in Austria. If successful, Clearview AI and its executives could face jail time and be held personally liable, in particular if traveling to Europe,” the group said in a statement.
The follows a litany of fines by various European DPAs, including in the UK, Netherlands, Italy and France and original complaints against the firm dating back to 2021.
These actions claim that Clearview AI, which processed the data of millions of Europeans, has clearly violated the GDPR.
Max Schrems, honorary chairman of noyb, said, “Clearview AI seems to simply ignore EU fundamental rights and just spits in the face of EU authorities.”
Noyb noted that fines of roughly €100m imposed by French, Greek, Italian and Dutch authorities and various bans issued against Clearview AI have not been challenged by the US company.
Only in the UK has the firm appealed the decision and fine imposed by the Information Commissioner’s Office (ICO). A final court decision is yet to be issued.
