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Alberta Court Declares Privacy Law Flawed, Upholds Ban on Clearview AI

Justice Colin Feasby ruled parts of Alberta's Personal Information Protection Act unconstitutional while affirming a ban on Clearview AI's biometric data collection.

The Alberta legislature pictured in Edmonton Friday, June 28, 2024.

Overview

  • Justice Colin Feasby determined that Alberta's privacy law inadequately addresses internet-specific privacy concerns and contains overly broad consent exceptions.
  • The court upheld a multi-jurisdictional ban requiring Clearview AI to cease collecting and delete images of Albertans, rejecting the company's claims of compliance challenges.
  • Clearview AI, which scrapes images from social media for a facial recognition database, has not operated in Alberta since 2020 following privacy commissioners' orders.
  • Feasby recommended narrowing the 'publicly available' information exception in the law, proposing the replacement of ambiguous phrasing with a clearer definition.
  • Technology Minister Nate Glubish announced plans to modernize Alberta's privacy legislation over the summer, aiming to strengthen protections in response to the ruling.