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
A joint investigation by Canadian privacy commissioners examined Clearview AI's facial recognition tool, which scraped billions of images from public websites to create a database for law enforcement and other users. Clearview argued that Canadian privacy laws did not apply due to a lack of jurisdiction and that the information was "publicly available," thus exempt from consent requirements. The Offices asserted jurisdiction, finding a real and substantial connection to Canada through Clearview's marketing and use by Canadian entities. They determined Clearview failed to obtain requisite consent, as the "publicly available" exception did not apply to sensitive biometric data scraped from social media for unrelated purposes. Furthermore, Clearview's mass collection and use of sensitive facial biometric information for commercial purposes were deemed inappropriate. In Quebec, Clearview also failed to report its biometric database and obtain express consent as required by law. The matter was found to be well-founded, with recommendations for Clearview to cease operations in Canada and delete Canadian data, which Clearview did not commit to implementing.
- 1Whether the Canadian privacy commissioners had jurisdiction over Clearview AI's activities.
- 2Whether Clearview AI obtained requisite consent for its collection, use, and disclosure of personal information under PIPEDA, PIPA AB, PIPA BC, and Quebec's Private Sector Act.
- 3Whether the "publicly available" information exception applied to Clearview AI's collection of images from public websites.
- 4Whether Clearview AI's collection, use, and disclosure of personal information was for an appropriate purpose under PIPEDA, PIPA AB, PIPA BC, and Quebec's Private Sector Act.
- 5Whether Clearview AI satisfied its biometric obligations in Quebec, specifically regarding reporting the creation of a biometric database and obtaining express consent under the LCCJTI.
- 6Whether Clearview AI's activities were protected by freedom of expression under the Canadian Charter of Rights and Freedoms.
- Jurisdiction: Jurisdiction asserted over Clearview AI
- Consent for collection: Clearview AI failed to obtain consent
- Publicly available information: Exemption for publicly available information not applicable
- Appropriate collection/use: Mass collection and use of biometric data deemed inappropriate
- Quebec law compliance: Clearview AI failed to report database and obtain express consent in Quebec
- Complaint outcome: Complaint found to be well-founded
Complaint well-founded — corrective measures recommended
Clearview AI failed to obtain consent for collecting sensitive biometric information, collected data for inappropriate commercial purposes, and did not comply with Quebec's specific biometric requirements, despite having a real and substantial connection to Canada.
The Commissioner recommended that Clearview AI cease offering its facial recognition services to clients 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.
- Principle 4.3 Schedule 1 PIPEDA
- s. 6.1 PIPEDA
- s. 5(3) PIPEDA
- s. 7(1)(d) PIPEDA
- s. 6 Quebec’s Private Sector Act
- s. 12 Quebec’s Private Sector Act
- s. 13 Quebec’s Private Sector Act
- s. 14 Quebec’s Private Sector Act
- s. 4 Quebec’s Private Sector Act
- s. 44 LCCJTI
- s. 45 LCCJTI
- s. 7 PIPA AB
- s. 11 PIPA AB
- s. 14(e) PIPA AB
- s. 16 PIPA AB
- s. 17(e) PIPA AB
- s. 19 PIPA AB
- s. 20(j) PIPA AB
- s. 6 PIPA BC
- s. 7 PIPA BC
- s. 8 PIPA BC
- s. 11 PIPA BC
- s. 12(1)(e) PIPA BC
- s. 14 PIPA BC
- s. 15(1)(e) PIPA BC
- s. 17 PIPA BC
- s. 18(1)(e) PIPA BC
This summary is informational only and not legal advice.
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