The resolution of the dispute between the CNIL and Clearview AI is a dialogue of the deaf. The deafness is however on the side of the only American company, already sanctioned in 2022 and put on notice to cease all collection of personal data in France.
Clearview AI is a debatable economic model, to say the least. The firm sucks up images of individuals on the Internet, without obtaining prior consent. It thus constitutes a massive database used to offer facial recognition services.
A fine of 20 million euros not settled
In a decision of October 17, 2022, the CNIL imposed a fine of 20 million euros on Clearview AI. The actor was also subject to an injunction prohibiting him from collecting and processing the data “of people in France.”
He also had to, within two months, “delete the data of these people after having responded to the access requests sent to him.” To encourage the company to act quickly, the Cnil accompanied its injunction with a fine of 100,000 euros per day of delay.
Clearview AI, however, continued to turn a deaf ear, forcing the French personal data policeman to take further sanctions. On May 10, the authority announced that it was liquidating the penalty.
The late penalties thus amount to 5.2 million euros, which are therefore added to the 20 million already inflicted on the recalcitrant supplier of facial recognition solution. The Cnil considers that “the company has not sent any proof of compliance” within the time limit.
“On April 13, 2023, the restricted formation considered that the company did not comply with the injunction and, consequently, pronounced the liquidation of the penalty payment for an amount of 5,200,000 euros”, specifies-t- her again.
Clearview beyond the reach of French justice?
And now ? The showdown with the Commission has been going on since 2021, with a first formal notice in December of the same year. The authority relied on two breaches of the GDPR to base its action, which remained a dead letter.
Installed in the United States, Clearview AI maintains radio silence. The startup has not settled the previous fine or changed its personal data collection and processing practices. Asked by France Info, its founder retorted that he had neither a client nor a company in France.
The Cnil must therefore activate other levers if it really wants to influence the actions of the company, in particular by seizing American justice so that it executes the sanction. Such a procedure will take time.
Clearview AI’s journey in its home market hasn’t been smooth sailing, however. In May 2022, the controversial facial recognition specialist was forced to agree to curb its sales in the United States after a resounding trial. Touched, but not yet sunk.