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Description

OAIC and ICO conclude investigation into Clearview AI for failure to comply with privacy rules

The Office of the Australian Information Commissioner (OAIC) and the United Kingdom Information Commissioner’s Office (ICO) have concluded their joint investigation into Clearview AI's conformity with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988. Clearview AI provides a facial recognition search tool which allows user input to be compared to a database of over 3 billion images. The OAIC has determined that Clearview AI has failed to take reasonable steps to implement the necessary procedures to ensure compliance with the APPs, and that, further, it has interfered with the privacy of Australians by failing to: obtain consent for the collection of sensitive information, collect information by lawful means, give proper notification of the collection of data, and ensure that collected information was accurate and up-to-date. The OAIC has declared that Clearview AI must cease the collection of images in breach of APPs and delete existing images so collected from Australians.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Data protection regulation
Regulated Economic Activity
ML and AI development
Implementation Level
national
Government Branch
executive
Government Body
data protection authority

Complete timeline of this policy change

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2020-03-20
under deliberation

The Office of the Australian Information Commissioner (OAIC) and the United Kingdom Information Com…

2021-10-14
in force

The Office of the Australian Information Commissioner (OAIC) and the United Kingdom Information Com…

2021-10-29
in force

On 29 November 2021, United Kingdom Information Commissioner’s Office (ICO) has announced its provi…

2022-05-23
in force

On 23 May 2022, the UK's Information Commissioner's Office (ICO) fined Clearview AI Inc GBP 7'552'8…

2023-05-08
in force

On 8 May 2023, the Administrative Appeals Tribunal of Australia (AATA) upheld the OAIC’s decision t…

2023-10-17
in force

On 17 October 2023, the UK Court of Appeal issued a ruling concerning Clearview AI’s appeal of the …

2023-11-17
under appeal

On 17 November 2023, the Information Commissioner's Office (ICO) filed a case before the Court, ask…