The Netherlands' data protection authority (AP) announced that it had fined Clearview AI EUR 30.5 million for multiple violations of the European Union's General Data Protection Regulation (GDPR). This penalty was imposed after it was confirmed that Clearview AI's database contains images of Dutch citizens.
The Dutch data protection authority began investigating Clearview AI in March 2023 after receiving complaints related to the company's failure to comply with data access requests. Clearview AI is being sanctioned for GDPR violations, including collecting biometric data without a valid legal basis and transparency failings.
The fine imposed on Clearview AI is higher than the GDPR sanctions faced by data protection authorities in France, Italy, Greece, and the UK in 2022. In a press release, the AP warned that it has ordered an additional penalty of up to EUR 5.1 million for continued non-compliance. Clearview failed to stop the GDPR violations after the investigation concluded, which is why an additional order has been made. The total fine could reach EUR 35.6 million if Clearview AI continues to ignore the Netherlands regulator.
Clearview representatives stated that the company does not have a business location in the Netherlands or the EU, has no customers in the Netherlands or the EU, and does not engage in any activities that would make it subject to the GDPR, and that the decision is unlawful, lacks due process, and is unenforceable.
However, the Dutch regulator declared that the company cannot appeal the penalty as it did not object to the decision by the authority and that GDPR applies extraterritorially, meaning it covers the processing of personal data of EU citizens regardless of location.
US-based Clearview uses scraped data to provide identity-matching services to clients, including government agencies, law enforcement, and security services. However, its EU clients are decreasing due to the risk of regulatory sanctions, as seen with a Swedish police authority in 2021.
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