The Australian Information Commissioner’s office recently announced that it will not be taking any further action against controversial facial recognition company Clearview AI. This decision has raised questions about the protection of privacy in the era of big tech and the need for stronger regulations.
Clearview AI has faced scrutiny for scraping millions of photographs from social media platforms like Facebook and using them to train its facial recognition tool. In 2021, Australia’s privacy regulator ruled that the company had violated privacy laws and ordered it to stop collecting images and delete the ones it had already obtained. However, there is no evidence that Clearview AI complied with this order, and reports suggest that it is still collecting images of Australian citizens.
The lack of enforcement against Clearview AI highlights the weaknesses of current privacy laws in Australia. Unlike other countries, Australia rarely imposes significant penalties for privacy law violations. Additionally, the privacy regulator lacks the necessary enforcement powers and resources to investigate large cases effectively. For example, an investigation into Bunnings and Kmart for their use of facial recognition technology has been pending for over two years.
There is hope that upcoming privacy law reforms in Australia will strengthen privacy laws and provide more enforcement powers to the regulator. However, experts argue that general privacy laws may not be sufficient to regulate facial recognition technologies adequately. Some propose the implementation of special rules for high-risk technologies like facial recognition. The European Union has already adopted the Artificial Intelligence Act, which prohibits certain uses of facial recognition technology and sets strict rules for its development.
It is crucial for the Australian government to take specific actions to prevent companies like Clearview AI from using personal data of Australians for the development of facial recognition technologies. Clear rules should be established to determine when facial recognition can and cannot be used. This would help protect individuals’ privacy and ensure responsible use of this technology.
