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Regulation/policy
Clearview AI found to be in breach of Australian law; ordered to delete data
Facial Recognition
Nov 3, 2021
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Facial Recognition

Facial Recognition

Nov 3, 2021

Clearview AI found to be in breach of Australian law; ordered to delete data

Regulation/policy

  • Clearview AI, a developer of facial recognition-based solutions for law enforcement, was announced unlawful in Australia, as it collects citizens’ personal information without consent. The decision was taken by the Office of the Australian Information Commissioner (OAIC) in a joint investigation with the UK data protection agency the Information Commissioner's Office (ICO). 

  • Accordingly, the company has been ordered to stop collecting facial biometrics and to delete existing templates of Australians.

  • Even though the investigation was conducted jointly by the two countries, outcomes are considered separately, and the ICO has announced that it is considering the next steps and any regulatory action that may be required under UK laws.

<ul><li> Analyst QuickTake: The company will reportedly appeal the decision, arguing that the images it collects are publicly available and do not result in a privacy breach. Also, it is claimed that Australian law does not apply since the images were published in the US. However, in April 2020, the Australian Federal Police (AFP) admitted that it trialed the Clearview AI facial recognition tool in a limited pilot. Clearview AI was previously banned by Canadian authorities in February due to the same reason. The company also faced several allegations by immigrant rights groups in March and several privacy organizations in May , that the company violates the privacy rights of individuals. The ban comes a few days after the company announced that its algorithms were ranked number one in several facial recognition vendor test  categories in the US.</ul>

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