"The case relates to an ICO fine issued in May 2022 after the regulator accused Clearview of scraping Brits' images uploaded to social media before adding them to a database used to train its AI algorithms. As we reported at the time, the FTT accepted that it was reasonable to expect UK residents' faces to appear in Clearview's database, given the size of the country and the ample access to the internet most people enjoy."
"However, on Tuesday, the UT upheld most of the grounds on which the ICO based its appeal, crucially ruling [PDF] that Clearview's data processing fell within the territorial scope of the UK GDPR. It also ruled that the FTT incorrectly applied the law when deciding that Clearview's data processing fell out of scope based on the fact that it was doing so as a competent authority for the purposes of assisting law enforcement clients."
The ICO issued a £7.5 million fine to Clearview in May 2022 for scraping UK residents' images from social media and using them to train AI algorithms. The First-tier Tribunal ruled in October 2023 that the ICO lacked territorial jurisdiction to impose the fine. The Upper Tribunal overturned key parts of that decision, finding that Clearview's data processing falls within the territorial scope of the UK GDPR. The UT also held that the FTT incorrectly applied the law when concluding processing fell out of scope on the basis that Clearview was acting as a competent authority assisting law enforcement. Clearview argued Article 2(2)(a) exempted its services offered to non-UK/EU law enforcement and national security agencies.
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