Australia: 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.