The First-tier Tribunal has given judgment in Clearview AI Inc v The Information Commissioner [2023] UKFTT 00819 (GRC).
The case concerned an enforcement notice and a £7.5 million Penalty Notice issued by the Commissioner to Clearview AI, an American facial recognition company, in May 2022. The Tribunal found that the Commissioner had no jurisdiction to issue either notice, on the basis that the GDPR/UK GDPR did not apply to the processing in issue. Accordingly, the Tribunal overturned both notices.
A more detailed case report will follow on Panopticon, Chambers’ information law blog. In the meantime, the judgment can be found here.
Anya Proops KC, Christopher Knight and Raphael Hogarth acted for Clearview AI, instructed by Jenner and Block London LLP.
Timothy Pitt-Payne KC and Jamie Susskind acted for the Information Commissioner, instructed by the Information Commissioner’s Office.
