BreachOfPrivacy
Decisions/Federal (Canada)/Personal Information Protection and Electronic Documents Act/PIPEDA Findings #2021-001: Joint investigation of Clearview AI, Inc. by the Office of the Privacy Commissioner of Canada, the Commission d’accès à l’information du Québec, the Information and Privacy Commissioner for British Columbia, and the Information Privacy Commissioner of Alberta
Office of the Privacy Commissioner of CanadaPersonal Information Protection and Electronic Documents ActPIPEDA Findings #2021-001Well-founded
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PIPEDA Findings #2021-001: Joint investigation of Clearview AI, Inc. by the Office of the Privacy Commissioner of Canada, the Commission d’accès à l’information du Québec, the Information and Privacy Commissioner for British Columbia, and the Information Privacy Commissioner of Alberta

Organization: Clearview AI, Inc.
Decision: Feb 2, 2021Published: Feb 2, 2021

A joint investigation by Canadian privacy authorities found that Clearview AI, Inc. contravened PIPEDA and provincial privacy laws by collecting, using, and disclosing personal information without consent and for inappropriate purposes. Clearview's facial recognition tool scraped billions of images from the internet to create biometric facial arrays, which were then provided to law enforcement and other clients. The authorities concluded that Clearview's mass collection and use of sensitive biometric data was not for an appropriate purpose, nor was it obtained with the requisite consent.

  • Whether Clearview obtained requisite consent for the collection, use, and disclosure of personal information.
  • Whether Clearview collected, used, and disclosed personal information for an appropriate purpose.
  • Whether Clearview satisfied its biometric obligations in Quebec.
  • Whether Canadian privacy authorities had jurisdiction over Clearview's activities.

Complaints well-founded and recommendations issued.

The investigation found that Clearview collected sensitive biometric data without consent and for inappropriate purposes, such as mass identification and surveillance, which a reasonable person would not consider appropriate. The authorities rejected Clearview's argument that the scraped information was 'publicly available' and thus exempt from consent requirements.

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Recommended action / remedy

Clearview was recommended to cease offering its facial recognition services in Canada, cease the collection, use, and disclosure of images and biometric facial arrays collected from individuals in Canada, and delete all such data in its possession.

Statutory provisions cited
  • s. 5(3) PIPEDA
  • Principle 4.3 PIPEDA
  • s. 6.1 PIPEDA
  • s. 7 PIPA AB
  • s. 6-8 PIPA BC
  • s. 4 LCCJTI
  • s. 44 LCCJTI
  • s. 45 LCCJTI
  • s. 6 & 12-14 Quebec's Private Sector Act

This summary is for informational purposes only and does not constitute legal advice.