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Castro-Edwards Shares Thoughts on Tribunal Ruling in UK Data Privacy Case

October 26, 2023

Privacy, Cybersecurity & Data Strategy Counsel James Castro-Edwards was recently quoted in two articles in BBC News and The Register discussing a British tribunal’s ruling in the lawsuit involving Clearview AI, a U.S. facial recognition company, and the Information Commissioner’s Office (ICO), the UK’s data regulator.

The tribunal held that although the ICO claimed Clearview was unlawfully storing facial images, the UK data protection law (UK GDPR) did not apply, because Clearview’s customers are not based in the UK or EU and its services are exclusively used by enforcement agencies outside the UK. “UK GDPR provides that actions by foreign governments fall outside its scope; it is not for any government to bind or control the activities of another sovereign state,” Castro-Edwards told BBC News.

Castro-Edwards told The Register that although Clearview won the appeal in this instance, “non-UK organizations carrying out similar activities for commercial purposes should still consider their obligations under applicable data protection law."

» Read the BBC News article: “Face search company Clearview AI overturns UK privacy fine.”

» Read the The Register article: “UK tribunal agrees with Clearview AI – Brit data regulator has no jurisdiction.”