Privacy Advocates Celebrate ‘Big Win’ Against Facial Recognition Giant

A historic settlement filed in court on Monday highlighted the power of Illinois’ strong privacy law and will result in new nationwide restrictions on a controversial technology company infamous for selling access to the largest known database of facial images.

The deal permanently banning Clearview AI from providing most private entities with free or paid access to its database stems from a lawsuit that the ACLU and partners filed in 2020, arguing that the company violated Illinois’ Biometric Information Privacy Act (BIPA).

“This settlement is a big win for the most vulnerable people in Illinois,” declared Linda Xóchitl Tortolero, CEO of the Chicago-based nonprofit Mujeres Latinas en Acción, one of the plaintiffs in the case.

In addition to permanently banning Clearview from granting private entities access to the database, the settlement has some state-specific limits. For the next five years, Clearview can’t allow private companies with exceptions under BIPA or state or local government entities in Illinois, including law enforcement, access to the database.

Under the settlement, Clearview will also maintain an opt-out request on its website for Illinoisans, end its free trials for individual police officers, and continue its efforts to remove photographs that were taken in or uploaded from the state.

As The New York Times reported:

In a key exception, Clearview will still be able to provide its database to U.S. banks and financial institutions under a carve-out in the Illinois law. Hoan Ton-That, chief executive of Clearview AI, said the company did “not have plans” to provide the database “to entities besides government agencies at this time.”

The settlement does not mean that Clearview cannot sell any product to corporations. It will still be able to sell its facial recognition algorithm, without the database of 20 billion images, to companies. Its algorithm helps match people’s faces to any database that a customer provides.

Nathan Freed Wessler, a deputy director of the ACLU Speech, Privacy, and Technology Project, said that “by requiring Clearview to comply with Illinois’ pathbreaking biometric privacy law not just in the state, but across the country, this settlement demonstrates that strong privacy laws can provide real protections against abuse.”

“Clearview can no longer treat people’s unique biometric identifiers as an unrestricted source of profit,” he said.

“Banning Clearview AI in one state is not enough; we need a national ban,” Surveillance Technology Oversight Project executive director Albert Fox Cahn asserted.

As Common Dreams reported earlier this year, the fight over Clearview isn’t contained to the states; progressive lawmakers have also urged federal agencies to end the use of Clearview’s facial recognition technology.

Originally published at Commondreams.org, written by Jessica Corbett.