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France: CNIL imposes penalty payment of €5.2 million on Clearview AI for compliance order failure

The French data protection authority ('CNIL') announced, on 10 May 2023, that it had issued, on 13 April 2023, the Deliberation of CNIL's Restricted Committee No. SAN-2023-005 of 17 April 2023 ('Deliberation of 17 April 2023'), in which it imposed a penalty payment of €5.2 million on Clearview AI Inc., due to non-compliance with the injunction issued by Deliberation of CNIL's Restricted Committee No. SAN-2022-019 of 17 October 2022 ('Deliberation of 17 October 2022') pursuant to Article 44 of Decree No. 2019-536 of 29 May 2019 ('the Decree').

Background to the decision

In particular, CNIL highlighted that, in its Deliberation of 17 October 2022, it had imposed a fine of €20 million on Clearview AI and ordered the same not to collect and process data on individuals located in France without any legal basis, and to delete the data of these individuals, after responding to requests for access it had received. 

Findings of CNIL

Further to the above, CNIL detailed that Clearview AI had two months to comply with the injunction and justify its compliance to the CNIL. However, CNIL held that Clarview AI had not sent any proof of compliance within the time limit. 

Outcomes

Consequently, CNIL considered that the behaviour of Clearview AI justified that the penalty payment be liquidated in the amount of €5.2 million in respect of the period from 19 December 2022 to 9 February 2023.

You can read the announcement here and the Deliberation of 17 April 2023, only available in French, here.

UPDATE (12 May 2023)

EDPB publishes summary in English of CNIL's decision

The European Data Protection Board ('EDPB') published, on 11 May 2023, a summary in English of CNIL's decision to impose a penalty payment of €5.2 million on Clearview AI.

You can read the summary here.

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