Australia: Filed ICO case before Court asking permission to appeal the judgment of the First Tier Tribunal in the Clearview AI case

Description

Filed ICO case before Court asking permission to appeal the judgment of the First Tier Tribunal in the Clearview AI case

On 17 November 2023, the Information Commissioner's Office (ICO) filed a case before the Court, asking permission to appeal the First Tier Tribunal ruling concerning the Clearview AI case. The Tribunal 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 Tribunal 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. The ICO argued that the Tribunal had not interpreted the Law correctly and argued that Clearview was not processing data for foreign law enforcement purposes and that it should be subject to UK data protection law.

Original source

Scope

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

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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…

2024-08-21
under deliberation

On 21 August 2024, the Office of the Australian Information Commissioner (OAIC) issued a statement …

2024-10-28
under appeal

On 28 October 2024, the Information Commissioner's Office (ICO) renewed his application for permiss…