On August 21, 2024, the Office of the Australian Information Commissioner (OAIC) announced that it had decided not to pursue further action against Clearview AI, Inc., following a previous determination that Clearview AI had breached the Privacy Act.

The OAIC noted that in its 2021 determination, it found that Clearview AI contravened several Australian Privacy Principles (APPs) by collecting facial images and biometric templates of individuals from publicly available sources, including social media, without their consent. The OAIC explained that its determination included an order for Clearview AI to cease collecting images from individuals in Australia and to delete all previously collected images. The OAIC explained that Clearview AI challenged the determination in the Administrative Appeals Tribunal (AAT) but withdrew from the proceedings in August 2023, and, as a result, the original determination and its declarations remain in effect.

According to the OAIC, recent media reports suggested that Clearview AI might still be collecting images from Australians. However, the OAIC noted that the reports referenced statements from the 2023 AAT proceedings and did not present new evidence. Therefore, the OAIC concluded that further action against Clearview AI was not warranted at this time. In the meantime, the OAIC emphasized that the 2021 determination against Clearview AI remains fully in force.

You can read the press release here and the determination here.