this post was submitted on 20 Oct 2023
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Privacy

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"A company which enables its clients to search a database of billions of images scraped from the internet for matches to a particular face has won an appeal against the UK's privacy watchdog.

Last year, Clearview AI was fined more than £7.5m by the Information Commissioner's Office (ICO) for unlawfully storing facial images.

Privacy International (who helped bring the original case I believe) responded to this on Mastodon:

"The first 33 pages of the judgment explain with great detail and clarity why Clearview falls squarely within the bounds of GDPR. Clearview's activities are entirely "related to the monitoring of behaviour" of UK data subjects.

In essence, what Clearview does is large-scale processing of a highly intrusive nature. That, the Tribunal agreed.

BUT in the last 2 pages the Tribunal tells us that because Clearview only sells to foreign governments, it doesn't fall under UK GDPR jurisdiction.

So Clearview would have been subject to GDPR if it sold its services to UK police or government authorities or commercial entities, but because it doesn't, it can do whatever the hell it wants with UK people's data - this is at best puzzling, at worst nonsensical."

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[–] andthenthreemore@startrek.website 13 points 11 months ago (2 children)

So Clearview would have been subject to GDPR if it sold its services to UK police or government authorities or commercial entities, but because it doesn't, it can do whatever the hell it wants with UK people's data - this is at best puzzling, at worst nonsensical.

While on an individual law level it's extremely frustrating the article has a quote which makes perfect sense.

it is not for one government to seek to bind or control the activities of another sovereign state

If that wasn't a concept in law any country could pass any law in and expect it to apply internationally.

[–] Waltzy@feddit.uk 1 points 11 months ago* (last edited 11 months ago) (1 children)

Wouldn't a UK court only concern itself with the activities of a company operating in the UK? If this company does not operate in the UK I'm surprised it's got far enough to need overturning

[–] andthenthreemore@startrek.website 1 points 11 months ago

It's because it's the data protection act which is the UK implementation of GDPR.