AAT finds Clearview AI breached Privacy Act but data-scraping not unfair
This update considers the highly anticipated decision in Clearview AI Inc and Australian Information Commissioner [2023] AATA 1069 (8 May 2023), a review of the determination in Commissioner initiated investigation into Clearview AI, Inc (Privacy) [2021] AlCmr 54 (14 October 2021). The update provides an overview of the findings of the AAT in relation to the threshold issue of whether Clearview AI, Inc. (Clearview) had an Australian link and was therefore within the scope of the operation of the Privacy Act 1988 (Cth) (Privacy Act), and whether practices associated with the use of its facial recognition tool were in breach of the Privacy Act and the Australian Privacy Principles. The update also highlights examples of privacy regulatory action against Clearview in other jurisdictions.
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