The DPA also issued a further order, imposing a fine of up to €5 million on Clearview for non-compliance.
“Clearview AI has no commercial headquarters in the Netherlands or the European Union; it has no customers in the Netherlands or the EU,” Jack Mulcaire, chief legal officer of Clearview AI, told Reuters.
“(The company) does not carry out any activities that would otherwise require it to comply with the GDPR (EU General Data Protection Regulation). This decision is unlawful, does not respect due process and is not enforceable.”
In its statement, DPA said Clearview had not objected to its decision and therefore could not appeal the fine.
“Facial recognition is a highly intrusive technology, which cannot be applied to every person in the world,” DPA Chairman Aleid Wolfsen said in a statement, warning that use of Clearview’s services was also illegal under Dutch regulations.
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Last week, the DPA news agency fined the ride-hailing platform Uber for sending personal data of European taxi drivers to the United States, in violation of EU rules. Uber called the fine unjustified and announced it would appeal.
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