AAT finds Clearview, AI Inc bound by Privacy Act and in breach of APPs, but data-scraping practices not considered unfair

This update provides an overview of the decision of the Administrative Appeals Tribunal of Australia (AAT) in Clearview AI Inc and Australian Information Commissioner [2023] AATA 1069 (8 May 2023). The decision is a review of the privacy determination of the Australian Information Commissioner in Commissioner initiated investigation into Clearview AI, Inc (Privacy) [2021] AlCmr 54 (14 October 2021). The update provides an overview of the findings of the AAT in relation to the threshold issue of whether Clearview AI, Inc. (Clearview) had an Australian link and was therefore within the scope of the operation of the Privacy Act 1988 (Cth) (Privacy Act), and whether practices associated with the use of its facial recognition tool were in breach of the Privacy Act and the Australian Privacy Principles (APPs). The update also highlights examples of privacy regulatory action against Clearview in other jurisdictions.