Controversial US Tech Firm Clearview AI Finds Itself In A Difficult Position Once Again
The controversial facial recognition service provider Clearview AI, which was recently linked to the Russia-Ukraine conflict, agreed to resolve an American Civil Liberties Union (ACLU) lawsuit filed in 2020.
The lawsuit accused the firm of violating an Illinois law
prohibiting the use of people's biometric data without their consent.
In a statement, Nathan Freed Wessler, a deputy director of
the ACLU Speech, Privacy, and Technology Project said: “By requiring Clearview
to comply with Illinois’ pathbreaking biometric privacy law not just in the
state, but across the country, this settlement demonstrates that strong privacy
laws can provide real protections against abuse.”
“Clearview can no longer treat people’s unique biometric
identifiers as an unrestricted source of profit. Other companies would be wise
to take note, and other states should follow Illinois’ lead in enacting strong
biometric privacy laws,” he added.
It should be noted that the Biometric Information Privacy
Act (BIPA) safeguards the privacy of Illinois citizens, but the Clearview
settlement shows how the statute can be used to strengthen consumer rights
across the country.
The fact what makes this case more interesting is that Clearview
will be prohibited from selling or giving away access to its facial recognition
database to private organisations or individuals, under the terms of the
settlement, which is still being completed by the court.
While government contractors are exempt – Clearview works
with government agencies such as Homeland Security and the FBI in the United
States – the firm is prohibited from selling its software to any government
contractors or state or municipal government entities in Illinois for the next
five years.
The tech company will also be required to maintain an
opt-out system that will allow any Illinois citizen to have their likeness
removed from the business's facial search results. Additionally, Clearview must
also discontinue its contentious practice of providing free trials to police
officers who do not have permission to test the software from their
departments.
The restrictions may limit Clearview's ability to sell
software access in the United States, but the corporation is also facing
privacy concerns in other parts of the world such as the United Kingdom.
Clearview was fined $22.6 million by the Information
Commissioner's Office in November last year for failing to get authorization
from British residents before sweeping their photographs into its huge
database.
Additionally, it has also violated privacy rules in Canada,
France, and Australia, with some governments demanding the corporation to remove all data gathered without the consent of its citizens.
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