Clearview AI Sued in Illinois for Violating Biometric Privacy Act

Class Action Lawsuit Filed Against Clearview AI Over Illinois Privacy Law Violations

Introduction

This article reports on a class-action lawsuit filed against Clearview AI, a controversial startup specializing in facial recognition technology. The lawsuit alleges that Clearview AI violated Illinois' Biometric Information Privacy Act (BIPA) by collecting and using biometric data without proper consent. This action follows a significant settlement by Facebook for similar privacy violations in Illinois.

Clearview AI's Business Model

Clearview AI gained notoriety for its business model, which involves scraping publicly available photos from the internet, including social media platforms like Twitter, Facebook, and Instagram. This scraped data is then used to train its facial recognition systems. The company licenses this technology to law enforcement agencies, enabling them to identify individuals from images.

The Lawsuit and BIPA Violation Allegations

The lawsuit, filed on behalf of several Illinois citizens, accuses Clearview AI of actively collecting, storing, and using their biometric data without providing adequate notice, obtaining informed written consent, or publishing data retention policies. These actions are alleged to be in direct violation of the Biometric Information Privacy Act (BIPA), a 2008 Illinois law designed to protect individuals' biometric information.

Precedent Set by Facebook Settlement

The article draws a parallel to a recent $550 million settlement reached by Facebook in a class-action lawsuit concerning privacy violations in Illinois. This settlement, related to the company's use of facial recognition technology without explicit consent, sets a significant precedent for cases involving biometric data privacy.

Legal Implications and Future Outlook

The lawsuit against Clearview AI is in its nascent stages, with a judge assigned and summonses issued to Clearview and CDW Government, an intermediary for its law enforcement sales. The article suggests that the success of the Facebook case and the similarities in the alleged violations (undisclosed ingestion of photos for facial recognition) indicate that the Clearview AI lawsuit has strong potential.

Even if Clearview AI were to delete all Illinois citizens' data, it could still be held liable for past actions. A federal judge's statement in the Facebook case, noting that the development of facial templates without consent "invades an individual's private affairs and concrete interests," is cited as a strong precedent. The scale of liability for Clearview AI may depend on disclosures regarding the extent of its data collection and analysis of Illinois residents' photos.

Key Takeaways

• Clearview AI faces a class-action lawsuit in Illinois for alleged BIPA violations.
• The lawsuit claims Clearview collected biometric data without notice or consent.
• This action mirrors the recent $550 million settlement by Facebook for similar privacy breaches.
• Illinois' Biometric Information Privacy Act (BIPA) is a key piece of legislation in this case.
• The outcome could have significant implications for AI companies and data privacy regulations.

Related Content

• Facebook will pay $550 million to settle class action lawsuit over privacy violations
• California’s new privacy law is off to a rocky start

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Author Information

Devin Coldewey is a writer and photographer based in Seattle. His personal website is coldewey.cc.

Topics Mentioned

• bipa
• clearview ai
• government
• illinois
• lawsuit
• Privacy

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