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.
#France clearview ai gdpr software
The restricted committee added to this injunction a penalty of 100,000 euros per day of delay beyond these two months.įor further information: national news Reconnaissance faciale : sanction de 20 millions d’euros à l’encontre de CLEARVIEW AI (FR), Facial recognition: 20 million euros penalty against CLEARVIEW AI (EN).As of May 2020, the CNIL received complaints from individuals about Clearview AI's facial recognition software and opened an investigation. Regarding the very serious risks to the fundamental rights of the data subjects resulting from the processing carried out by the company, the restricted committee decided to order Clearview AI to stop collecting and processing data of individuals residing in France without a legal basis and to delete the data of these persons that it has already collected, within a period of two months. On the basis of the information brought to its attention, the restricted committee decided to impose a maximum financial penalty of 20 million euros, according to article 83 of the GDPR.
Lack of cooperation with the CNIL (Article 31 of the RGPD).
Individuals' rights not respected (articles 12, 15 and 17 of the GDPR).Unlawful processing of personal data (breach of article 6 of the GDPR).The Chair of the CNIL therefore decided to refer the matter to the restricted committee, which is in charge for issuing sanctions. However, it did not provide any response to this formal notice. Clearview AI had two months to comply with the injunctions formulated in the formal notice and to justify them to the CNIL. On 26 November 2021, the Chair of the CNIL decided to give Clearview AI formal notice to cease the collection and use of data of persons on French territory in the absence of a legal basis to to facilitate the exercise of individuals' rights and to comply with their requests for erasure. In May 2021, the association Privacy International also warned the CNIL about this practice. Summary of the Decision Origin of the caseĪs of May 2020, the Commission nationale de l'informatique et des libertés, CNIL received complaints from individuals about Clearview AI's facial recognition software and opened an investigation. Decision: Infringement of the GDPR, Administrative fine, Order to comply with periodic penalty payments.Legal Reference: Lawfulness of processing of personal data (article 6 of the GDPR), Rights of individuals (articles 12, 15 and 17 of the GDPR), Cooperation with supervisory authority (article 31 of the GDPR).Cross-border case or national case: National case.Date of final decision: 19 October 2022.
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