The Information Commissioner v Clearview AI Incorporated

The Information Commissioner v Clearview AI Incorporated

Clearview AI's processing of UK data subjects' personal data is not excluded from the material scope of the GDPR or UK GDPR under Article 2(2)(a), as the provision only addresses activities reserved to Member States and does not extend to activities of foreign states or their contractors. Article 3(2)(b) GDPR...

Source-derived case information.

Parties
Appellant: The Information Commissioner; Respondent: Clearview AI Incorporated; Intervener: Privacy International
Jurisdiction
England and Wales
Judgment Date
06 October 2025
Procedural Posture
Appeal / Upper Tribunal Decision on Jurisdictional Preliminary Issue
Legal Topics
GDPR Territorial Scope, GDPR Material Scope, Behavioural Monitoring, Comity Principles, State Immunity, Extra Territoriality, Processing of Personal Data, Jurisdiction of Information Commissioner
Data Protection Information Rights International Law GDPR Territorial Scope GDPR Material Scope Behavioural Monitoring Comity Principles State Immunity +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Party arguments 2
Sign in to unlock

Parties

The Information Commissioner

Appellant

Clearview AI Incorporated

Respondent

Privacy International

Intervener

Procedural Posture

Appeal / Upper Tribunal Decision on Jurisdictional Preliminary Issue

Legal Issues

  1. 1 Whether Clearview AI's processing of UK data subjects' personal data falls within the material and territorial scope of the GDPR and UK GDPR
  2. 2 Whether the Information Commissioner had jurisdiction to issue enforcement and monetary penalty notices to Clearview AI
  3. 3 Interpretation of 'in the course of an activity which falls outside the scope of Union law' under Article 2(2)(a) GDPR

Ratio Decidendi

Clearview AI's processing of UK data subjects' personal data is not excluded from the material scope of the GDPR or UK GDPR under Article 2(2)(a), as the provision only addresses activities reserved to Member States and does not extend to activities of foreign states or their contractors. Article 3(2)(b) GDPR applies expansively, covering processing by controllers whose activities are related to behavioural monitoring carried out by another controller. Clearview's processing, including mass collection, sorting, and storing of behaviourally rich data, amounts to behavioural monitoring and/or is related to monitoring by its clients. The Information Commissioner had jurisdiction to issue...