Australia: Issued UK Court of Appeal ruling in Clearview AI’s appeal of ICO’s fine and enforcement notice
Description
Issued UK Court of Appeal ruling in Clearview AI’s appeal of ICO’s fine and enforcement notice
On 17 October 2023, the UK Court of Appeal issued a ruling concerning Clearview AI’s appeal of the fine issued by the Information Commissioner’s Office (ICO). The Court concluded that the ICO was acting outside its jurisdiction when issuing the fine to Clearview AI and, therefore, allowed the appeal by Clearview AI. The Court specified that the processing by Clearview AI was related to the monitoring of data subjects in the UK but that the processing did not fall within the scope of the UK GDPR because it is not considered “relevant processing”. Consequently, the ICO did not have jurisdiction to issue the Enforcement Notice and the Monetary Penalty Notice.
Original sourceScope
Policy Area
Data governance
Policy Instrument
Data protection regulation
Regulated Economic Activity
ML and AI development
Implementation Level
national
Government Branch
judiciary
Government Body
court
Complete timeline of this policy change
Hide details
2020-03-20
under deliberation
2021-10-14
in force
2021-10-29
in force
2022-05-23
in force
2023-05-08
in force
2023-10-17
in force
2023-11-17
under appeal
2024-08-21
under deliberation