Clearview AI's data processing was not outside material scope of UK GDPR

The Information Commissioner's Office (ICO) has confirmed that the Upper Tribunal (UT) has issued a judgment in its appeal against the First-tier Tribunal (FTT) decision on Clearview AI Inc. 

The ruling, which provides significant clarification of the territorial reach of UK data protection law, upheld three of the Commissioner's four grounds for appeal and concluded that Clearview's processing of personal information is related to the monitoring of behaviour of UK residents. In addition, the UT ruled that the company's processing does not fall outside the scope of UK data protection law simply because it provides its services to foreign law enforcement agencies. Finally, the UT also found that the First-tier Tribunal had incorrectly applied the law when previously stating that Clearview's processing was outside the material scope of Article 2(2) of the UK General Data Protection Regulation (GDPR).

In a statement, Information Commissioner John Edwards welcomed the decision, stating that the "UT's decision has upheld our ability to protect UK residents from having their data, including images, unlawfully scraped and then used in a global online database without their knowledge." 

Speaking to The Register about the ruling, Jack Mulcaire, chief legal officer at Clearview AI, said: "Clearview AI is disappointed by this ruling which misapplied the law to improperly seek to regulate how American companies serve the US government. We do not offer any product or do any business in the United Kingdom. We intend to file an appeal."

While this may be the case, data protection specialist Jon Baines commented in the same article that: "It's worth noting that it was a very strong, three-judge bench (with President of the Chamber Mrs Justice Heather Williams DBE as lead judge) and the judgment very much has the feel of one the bench has tried to make as 'appeal-proof' as possible." 

Additional legal analysis by Pinsent Masons.

Related articles:

• ICO fines Clearview AI Inc £7.5m
• Clearview AI overturns £7.5m ICO monetary penalty issued in 2022
• ICO seeks permission to appeal Clearview AI ruling
• ICO renews application to appeal Clearview AI ruling after 11 months

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