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In May 2022, the ICO fined Clearview over £7.5m for its use of images gathered from the internet to create its facial recognition database. The ICO also issued a preliminary enforcement notice preventing Clearview from further processing personal data of UK individuals and requiring that the company deleted any data it held. It preliminarily determined that Clearview’s practices involving the processing of data from UK individuals may have seriously breached UK data protection laws. The ICO subsequently issued a notice of intent to fine Clearview for its actions.

The ICO and OAIC concluded their investigation in November 2021, with the OAIC determining that Clearview had failed to comply with the requirements of various Australian Privacy Principles and that it had interfered with the privacy of Australian individuals by failing to gain their consent or to notify them of the collection of personal information. The bodies sought to determine how Clearview used the data “ scraped” from the internet and social media platforms and how it used biometrics for facial recognition, particularly in relation to data from residents in the UK and Australia.

The investigation centred around Clearview’s facial recognition app where users could upload photos of a person onto the app, match the face to similar images in Clearview’s database and locate where the image was originally found on the internet. In 2020, the ICO and the Office of the Australian Information Commissioner ( OAIC) took part in a joint investigation into Clearview and its data processing practices. Clearview uses this data to provide its customers, who range from companies to law enforcement bodies around the globe, with an extensive online facial recognition database. The backgroundĬlearview is a US facial recognition company which has gathered over 20bn images of people’s faces and publicly available data from the internet. The UK Information Commissioner’s Office ( ICO) has fined US tech company Clearview AI Inc ( Clearview) over £7.5m for failing to comply with UK data protection laws in its collection of images and data from the internet and its creation of a facial recognition database. How are public bodies and regulators responding to the rise in use of facial recognition technology? The key takeaway