Clearview AI has succeeded in its jurisdictional appeal of the £7.5 million monetary penalty and enforcement notice issued by the Information Commissioner's Office (ICO) in May 2022.
The judgement given by the First-tier Tribunal of the UK General Regulatory Chamber concluded that the ICO did not have jurisdiction to issue Clearview AI with the penalty because although the processing concerned monitoring the behaviour of data subjects in the UK, the company's services are offered exclusively to non-UK/EU criminal law enforcement and national security agencies and their contractors. As such, the processing falls outside the material scope of the UK General Data Protection Regulation (GDPR) because of the principles of international law that mean one sovereign state is not able to bind or control the activities of another.
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