Clearview AI Faces $33 Million Fine from Dutch Regulator for GDPR Violations

The Dutch Data Protection Authority (DPA) has imposed a fine of €30.5 million ($33 million) on US-based facial recognition company Clearview AI for collecting images without consent.

Clearview AI Accused of Collecting Images Without User Consent

DPA Chairman Aleid Wolfsen criticized the company’s practices, stating that companies should avoid using facial recognition technology without individuals’ awareness or permission.

"Facial recognition is a highly intrusive technology that you cannot simply unleash on anyone in the world," Wolfsen said in a statement. "If there is a photo of you on the internet – and doesn't that apply to all of us? – then you can end up in the database of Clearview and be tracked. Clearview breaks the law, and this makes using the services of Clearview illegal. Dutch organisations that use Clearview may therefore expect hefty fines from the Dutch DPA."

Company Says It’s Not Operating in the EU and Not Subject to GDPR

In response, Clearview AI Chief Legal Officer Jack Mulcaire, denied the accusations, arguing that the company does not operate in the EU and is not subject to the General Data Protection Regulation (GDPR), as The Register reports.

He deemed the decision "unenforceable" and "unlawful," motivating his statement with the company’s lack of EU presence and customers.

The DPA, Motivated to Hold the Company Liable

Despite the company’s claims, the DPA maintains that Clearview’s actions violate GDPR mandates that require individuals to be informed and be able to access data collected about them.

The authority is also exploring ways to ensure compliance, including potential personal liabilities for the company’s directors, should they fail to halt the alleged violations.

"We are now going to investigate if we can hold the management of the company personally liable and fine them for directing those violations," Wolfsen added. "That liability already exists if directors know that the GDPR is being violated, have the authority to stop that, but omit to do so, and in this way consciously accept those violations."

The Importance of Maintaining Digital Privacy

In the wake of Clearview AI’s recent fine for privacy violations, it’s safe to say that maintaining your digital privacy is of utmost importance. While many companies dip their toes into the ocean of consent-less data harvesting, you can take control of which data ends up online. For practical tips on managing your digital footprint, consider these six steps outlined in our digital privacy guide, which include adjusting privacy settings, being mindful on social media and using the right technology solutions to safeguard your data.