The British Columbia Court of Appeal has rejected a challenge from U.S. facial recognition company Clearview AI, affirming that the firm remains subject to Canadian privacy laws despite halting operations in the country.
Investigation and Privacy Violations
Privacy commissioners from British Columbia, Alberta, Québec, and the federal level launched a probe into Clearview AI after the company marketed its facial recognition services to Canadian clients starting in 2020. The investigation determined that Clearview AI breached both provincial and federal privacy regulations by collecting facial images from online sources without individuals’ consent.
During the ongoing review, Clearview AI pulled out of the Canadian market. In 2021, British Columbia’s privacy commissioner issued an order requiring the company to cease offering its services in the province and to delete all collected data from local residents.
Court’s Key Findings
Clearview AI sought a judicial review in the B.C. Supreme Court, arguing that provincial laws did not apply. The court dismissed the claim, ruling that the company’s gathering of online facial data from British Columbia residents “constitutes a real and substantial connection between it and the province.”
On appeal, Clearview AI contended that privacy laws should not extend beyond provincial borders. However, the Court of Appeal countered that such an interpretation “means that it, and any other company that acquires personal information on the internet using a global search engine, would be immune from domestic privacy laws.”
The judges emphasized that this stance “would significantly compromise the ability of jurisdictions such as B.C. to protect personal information on the internet.”
Representatives for Clearview AI have not commented on the latest ruling.
