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Article

3 Feb 2021

Author:
Zack Whittaker, TechCrunch

Canada: Privacy authorities conclude Clearview AI collection & use of data violates privacy law

Photo: Canva

"Clearview AI ruled ‘illegal’ by Canadian privacy authorities", 3 February 2021.

Controversial facial recognition startup Clearview AI violated Canadian privacy laws when it collected photos of Canadians without their knowledge or permission, the country’s top privacy watchdog has ruled...

In a statement, Canada’s Office of the Privacy Commissioner said its investigation found Clearview had “collected highly sensitive biometric information without the knowledge or consent of individuals,” and that the startup “collected, used and disclosed Canadians’ personal information for inappropriate purposes, which cannot be rendered appropriate via consent.”

Clearview rebuffed the allegations, claiming Canada’s privacy laws do not apply... and that consent was not required because the images it scraped were publicly available...

The Canadian privacy watchdog rejected Clearview’s arguments, and said it would “pursue other actions” if the company does not follow its recommendations, which included stopping the collection...

[A]n attorney for Clearview, said: “Clearview AI’s technology is not available in Canada and it does not operate in Canada. In any event, Clearview AI only collects public information from the Internet which is explicitly permitted under PIPEDA. The Federal Court of Appeal has previously ruled in the privacy context that publicly available information means exactly what it says: ‘available or accessible by the citizenry at large.’ There is no reason to apply a different standard here. Clearview AI is a search engine that collects public data just as much larger companies do, including Google, which is permitted to operate in Canada.”

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