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A class action lawsuit has been filed against Clearview AI over allegations it illegally collected and sold biometric information about Canadians to third parties without their consent.
The lead plaintiff, Ha Vi Doan, says that the company collects this information then applies an algorithm that allows the company to compile a file of images of a particular individual. Third parties can allegedly become clients of Clearview AI and access these files. Indeed, policing agencies, such as the RCMP are clients of Clearview, says the plaintiff.
“Clearview’s actions in relation to the biometric information of Canadian citizens and residents take place without the knowledge or consent of (i) the individuals appearing in the photographs so collected and (ii) the authors of these photographs (who can be the same or different individuals),” alleges the complaint.
Indeed, in addition to violating Canadian residents’ right to privacy, the plaintiff, and avid photographer, says that Clearview violates copyrights held by her and others for photographs they put on the internet.
Clearview AI Collects Three Billion Photographs
Clearview AI is an American company. According to the class action lawsuit, it is in the business of providing facial recognition and identification to third parties. To do this, alleges the plaintiff, the company scours the internet for photos with faces. It collects, copies, and stores this information allegedly without the knowledge or permission of the individuals in the photographs or from those who took the photographs.
The proposed class action lawsuit Canada says that, according to Clearview’s marketing materials, the company has collected at least three billion photographs of people’s faces.
Algorithm Instantly Detects Individuals’ ‘Faceprint’
According to the complaint, Clearview AI offers third parties the use of its algorithm to “instantly detect the unique ‘faceprint’ of any individual.”
Clearview’s services are allegedly provided to third parties using the following steps: First, the third party must obtain a “Query Photo” of the individual they wish to search for to Clearview AI. The client then uploads the Query Photo to Clearview’s database and runs a search.
The class action lawsuit alleges that the results are instant — Clearview AI allegedly generates and provides a file to the third party “containing virtually all the photographs of the individual appearing in the Query Photo available or formerly available on the Internet.” This file not only contains information about the individual, alleges the plaintiff, but also additional information in the individual’s photograms, for example, names, locations, family members, and friends.
Biometric Information Sold to RCMP
The plaintiff in this class action lawsuit has also filed a complaint against the RCMP over the use of Clearview’s facial recognition technology. In that complaint, the plaintiff accuses the RCMP of violating Canadian’s privacy rights under the Canadian Charter of Rights and Freedoms and says that the RCMP needs to destroy information it obtained from Clearview.
Provinces Launch Investigation into Clearview AI
According to the Clearview AI class action lawsuit, the provinces of Quebec, British Columbia, and Alberta started a joint investigation into Clearview in early 2020. As a result of this investigation, the RCMP suspended its contract with Clearview AI and the company announced that it would stop offering its services in Canada.
Additionally, several social media sites have reportedly stopped allowing Clearview to access their images for its facial recognition services.
Privacy and Copyright Classes Sought
This Clearview AI class action lawsuit seeks to represent all residents and citizens of Canada who have had photographs of their faces added to the company’s database. In addition, the plaintiff seeks to represent others with copyright interests in the photographs collected by the company.
According to the complaint, “Clearview’s actions amount to a blatant, intentional and widespread copyright infringements and violation of the moral rights of the Copyright Infringement Class Members, since the collection, copying, storage, reproduction, use and, in some cases, subsequent disclosure of the Collected Photographs occurs without the consent of the right holders.”
The plaintiff, in this proposed Clearview AI class action lawsuit, asks for a court order declaring that the company illegally collected, stored, used, and disclosed Class Member’s personal information, as well as an order addressing the alleged copyright infringement, including the destruction of the photographs it has in its database. In addition, the class action lawsuit is seeking damages under Quebec and federal law, along with court costs and lawyers’ fees.
What do you think about Clearview AI’s facial recognition technology? Do you have concerns about your privacy? We want to hear your opinion! Tell us in the comment section below.
The lead plaintiff and proposed Class Members are represented by Lev Alexeev and Camille Miconnet of NOVAlex Law Firm Inc.
This Clearview AI Class Action Lawsuit is Ha Vi Doan v. Clearview AI Inc., Case No. T-713-20 in Federal Court, Montreal, Canada.
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2 thoughts onClearview AI Facing Class Action Lawsuits Alleging Privacy Breach
I would like to have access to the photo, date time and all who accessed my info. Or even who specifically asked for my profile. Targeted Individual. All TI’s should be on this law suit.
How would you know if they used your photo? Did they access photos from Canadian local newspapers?
I am a freelance photographer and I have to get permission in certain shots and tell them what and where photos will be used.
If they knew companies like this were using my photos and selling them for criminal investigations, I may never get permission for photos again.!
Yes. This is clearly a privacy invasion especially when RCMP are using it without our knowledge.
Big Brother is here and he is harassing all his little sisters and brothers!
The AI software still makes huge mistakes and who knows who these companies are selling the data to, and what purpose is it used for?
Personally I am sick and tired of these companies making billions off peoples personal data and those supplying the data get no monetary benefit from it, let alone security.
I object to the targeting of the data collected screening my choice of available info I can see (google as example, and every web site that asks for a sign in and collects cookies) to their unknown algorysms and the attempt to influence the
purchases I make.
It could be related to a man that abuses his relationship by not allowing his wife to see or do anything he doesnt want her to.
I have heard some scam artists are buying lists to target people for unlawful actions.
Part of these settlements should include the government for their failure to legislate protective internet laws and in the settlements require them to put those in place.