Thomas Macaulay writes:
Clearview AI’s planned expansion into the EU hit a roadblock yesterday when the bloc’s privacy watchdog said it “doubts” that the service is legal.
The European Data Protection Board (EDPB) said that the use of the service by law enforcement would “likely not be consistent with the EU data protection regime.”
The body added that it “has doubts as to whether any Union or Member State law provides a legal basis for using a service such as the one offered by Clearview AI.”
Read more on TNW.
From the EDPB’s summary of their session:
In its response to MEPs regarding Clearview AI, the EDPB shared its concerns regarding certain developments in facial recognition technologies. The EDPB recalls that under the Law Enforcement Directive (EU) 2016/680, law enforcement authorities may process biometric data for the purpose of uniquely identifying a natural person only in accordance with the strict conditions of Articles 8 and 10 of the Directive.
The EDPB has doubts as to whether any Union or Member State law provides a legal basis for using a service such as the one offered by Clearview AI. Therefore, as it stands and without prejudice to any future or pending investigation, the lawfulness of such use by EU law enforcement authorities cannot be ascertained.
Without prejudice to further analysis on the basis of additional elements provided, the EDPB is therefore of the opinion that the use of a service such as Clearview AI by law enforcement authorities in the European Union would, as it stands, likely not be consistent with the EU data protection regime.
Finally, the EDPB refers to its guidelines on the processing of personal data through video devices and announces upcoming work on the use of facial recognition technology by law enforcement authorities.