News · noyb - European Center for Digital Rights EN LLM context A cited markdown file you can paste into your AI assistant (ChatGPT, Claude, a RAG or project knowledge base) to ground it in this document. Contains: this document’s text, its sections with their topics, and the full text of every law provision it applies. Everything links back to its source on overview.legal — legal information, not advice.

Clearview AI data use deemed illegal in Austria, however no fine issued

The Austrian data protection authority has decided: Clearview AI, the company that sells facial recognition software to law enforcement agencies in the U.S.

Biometric Data Types of Special Categories of Personal Data Personal Data Supervision Supervisory Authorities
May 10, 2023 Source noyb.eu

Full text

The Austrian data protection authority has decided: Clearview AI, the company that sells facial recognition software to law enforcement agencies in the U.S. is no longer allowed to process biometric data of the complainant and must delete their existing data. The US based company scrapes photos from websites to create a permanent searchable database of biometric profiles. The decision follows similar decisions in Italy, the UK, France and Greece, however no fine was issued. Decision by the Austrian DSB (DE) Clearview must comply with GDPR. The decision is clear: Collecting images of the complainant for a biometric search engine is illegal, as the GDPR applies to such scraping and selling of personal data from Europeans. Clearview AI uses its software to monitor the behavior of people in Austria, even though the company is based in the U.S. and does not offer its services in Austria. Not only does Clearview have to delete all personal data of the complainant, but the data processing lac

How it connects

Related across sources

Guidelines 05/2022 use of facial recognition technology in the area of law enforcement Guidelines ·EDPB May 17, 2023 Biometric Data Supervision Identification
C-169/23 Nemzeti Adatvédelmi és Információszabadság Hatóság v UC In Case C-169/23, the Court of Justice of the European Union (Third Chamber) ruled on a preliminary reference from the Kúria (Hungary) concerning whether the Budapest Metropolitan… CJEU ·Third Chamber Nov 28, 2024 Personal Data Legitimate Interest Supervision
C-60/22 UZ v Bundesrepublik Deutschland In Case C-60/22, the CJEU (Fifth Chamber) ruled on a preliminary reference from the Verwaltungsgericht Wiesbaden concerning UZ, a third-country national, and the Bundesrepublik… CJEU ·Fifth Chamber May 4, 2023 Right to Restriction Right to be Forgotten Personal Data
Opinion 11/2024 use of facial recognition to streamline airport passengers’ flow (compatibility with Articles 5(1)(e) and(f), 25 and 32 GDPR) A dopted Opinion 11/2024 on the use of facial recognition to streamline airport passengers’ flow (compatibility with Articles 5(1)(e) and(f), 25 and 32 GDPR Version 1.1 Adopted on… Opinion ·EDPB May 24, 2024 Biometric Data Identification Retention Period
C-252/21 Meta Platforms v noyb C-252/21 (Meta Platforms (noyb)) CJEU Jan 12, 2023 Supervisory Authorities IP Address Supervision
C-634/21 OQ v Land Hessen In Case C-634/21, the CJEU addressed a preliminary ruling from the Verwaltungsgericht Wiesbaden concerning OQ's challenge against Land Hessen's refusal to order SCHUFA Holding AG… CJEU ·First Chamber Dec 7, 2023 Profiling Automated Decision-Making Marketing
Related documents