11KBW Panopticon Blog has posted a detailed legal analysis of the Clearview AI decision by the First-tier Tribunal (FTT). The FTT's interpretation of 'monitoring' and 'behaviour' is very broad, encompassing access to a search engine for identifying something about an individual's actions on a single occasion, as well as the creation and maintenance of the search engine for such purposes. However, this conclusion is not undisputed, as 'monitoring' could be interpreted as an ongoing process of observation. The FTT also made assumptions about the UK content of the dataset and the motives of Clearview's clients, indicating a broad interpretation of behaviour. While Clearview was saved by the nature of its client base, other controllers without that client base may not be.
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