All precedents

Regulator action · 3 September 2024

Dutch DPA decision on Clearview AI

Autoriteit Persoonsgegevens, decision announced 3 September 2024 · Autoriteit Persoonsgegevens (Netherlands)

What it means for your code

Scraping images to train or run face recognition is special-category biometric processing; public availability of the photos is no legal basis.

What happened

Clearview AI scraped billions of facial images from the internet to build a facial-recognition database sold to law enforcement.

What was decided

Building a biometric database from scraped photos without a legal basis, and failing to inform people, is an unlawful processing of special-category data.

⚖ EUR 30.5 million administrative fine

The legal test applied

  • Biometric data used for unique identification is special-category data requiring an Art. 9 exception
  • Public availability of photos is not a legal basis for biometric processing
  • People must be informed and able to exercise access rights
Read the decision at the source

Summary and analysis by Lawpatch, checked by an editor against the source. Risk analysis, not legal advice; the law may have moved on since this decision.