“Reading the reasoning of the CNIL, we measure the legal uncertainty that governs our personal data”

"Reading the reasoning of the CNIL, we measure the legal uncertainty that governs our personal data"

BAccording to a decision taken on October 20, the National Commission for Computing and Freedom (CNIL) condemned the New York start-up Clearview AI to pay a fine of 20 million euros for violating the General Regulations for the Protection of Personal Data (GDPR).

In a show of voluntariness and determination, the CNIL strongly sanctioned the activities of this American company. Extraction of all photos People who have free access to the Internet, especially social networks.

By combining some additional data such as geographical location, age or occupation with these images, it is possible for users of this service to have a behavioral profile of a person. Many law enforcement agencies around the world use this undoubtedly valuable tool for police investigators. The New York Times.

The US agency justified this processing of personal data in the name of crime suppression, before it was revealed that the agency offered its services to private companies or wealthy individuals. In short, it is a generalized tracking system exclusively for business purposes that supports identification requests submitted to its software by the systematic collection of biometric data.

The profiling of individuals is not prohibited by the GDPR

We fully assess the risks of such a database and discriminatory use by employers or rental accommodation owners. Off Several data protection authorities Later, including the CNIL, initiated proceedings against this company through a penal judgment that was not expressly related to the applicable personal data law.

read more: Facial recognition: CNIL fines Clearview AI 20 million euros

In principle, there is nothing to ensure that an organization cannot legitimately use data made public for the purpose of profiling individuals, given its economic interests. For good reason: profiling of individuals is not prohibited by the GDPR.

Read more The article is reserved for our subscribers “Facial Recognition Technologies Threaten the Concept of Online and Offline Privacy”

This text recognizes their analytics to discover their personality, their buying habits or their behavior through their data available on the internet. Predictions can be made based on collected information, such as job performance, financial situation or health status, and draw legal consequences, such as a contract at the end of a loan or insurance policy.

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