Clearview AI Inc v The Information Commissioner

Clearview AI Inc v The Information Commissioner

The Tribunal found that although Clearview AI Inc's processing was related to the monitoring of behaviour of UK data subjects, the processing was in the course of activities falling outside the scope of Union law (i.e., supporting foreign law enforcement/national security functions). Therefore, Article 2(2)(a) GDPR and Article 3(2A) UK GDPR excluded the processing from the material scope of the Regulations, and the Information Commissioner had no jurisdiction to issue the notices. The notices were not in accordance with the law.

Parties
Appellant: Clearview AI Inc; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / Preliminary Issue on Jurisdiction
Outcome
Appeal allowed
Legal Topics
GDPR, UK GDPR, Material Scope, Territorial Scope, Behavioural Monitoring, Law Enforcement Exemption
Data Protection Information Rights Jurisdiction GDPR UK GDPR Material Scope Territorial Scope Behavioural Monitoring +1 more

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Parties

Clearview AI Inc

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Preliminary Issue on Jurisdiction

Legal Issues

  1. 1 Whether the Information Commissioner had jurisdiction to issue the Enforcement Notice and Monetary Penalty Notice to Clearview AI Inc under GDPR/UK GDPR
  2. 2 Whether the processing by Clearview AI Inc was within the material and territorial scope of GDPR/UK GDPR
  3. 3 Whether the processing was related to monitoring the behaviour of data subjects in the UK

Ratio Decidendi

The Tribunal found that although Clearview AI Inc's processing was related to the monitoring of behaviour of UK data subjects, the processing was in the course of activities falling outside the scope of Union law (i.e., supporting foreign law enforcement/national security functions). Therefore, Article 2(2)(a) GDPR and Article 3(2A) UK GDPR excluded the processing from the material scope of the Regulations, and the Information Commissioner had no jurisdiction to issue the notices. The notices were not in accordance with the law.

Court Disposition

Appeal allowed

Orders

  • The Enforcement Notice and Monetary Penalty Notice are quashed.