It’s not just images of your face. This addresses only one individual. Can it be generalized?
Decision by the Austrian SA against Clearview AI Infringements of Articles 5, 6, 9, 27 GDPR
Summary of the Decision
Origin of the case
Following a complaint the Austrian SA (DSB) issued a decision against the facial recognition company Clearview AI on the 10th of May 2023.
The company reportedly owns a database including over 30 billion facial images from all over the world, which are extracted from public web sources (media outlets, social media, online videos) via web scraping. It offers a sophisticated search service which allows, through AI systems, creating profiles on the basis of the biometric data extracted from the images. The profiles can be enriched by information linked to those images such as image tags and geolocation or the source web pages.
Due to a request for access, the complainant found out that his image data is also processed by Clearview AI. Thereupon he lodged a complaint with the Austrian SA.
Key Findings
The DSB found that Clearview AI infringed the following provisions of the GDPR:
Article 5(1)(a): The processing of the complainant’s personal data lacked lawfulness, fairness and transparency.
Article 5(1)(b): The processing carried out by Clearview AI serves a completely different purpose from the original publication of the complainant’s personal data (especially photographs).
Article 5(1)(c): The permanent storage of personal data also constitutes a breach of data minimisation principle.
Article 9(1): The scanning of the complainant’s face, the extraction of his uniquely identifying facial features and the translation of these features into vectors constitutes processing of special categories of personal data. An exception to the processing prohibition pursuant to Article 9(2) does not apply in this case, which is why the processing was carried out in violation of Article 9(1) GDPR.
To the extent that the complainant’s personal data did not constitute special categories of personal data and thus Art. 9 GDPR did not apply, the processing would be unlawful:
Article 6(1): of Clearview AI could only have been covered by Article 6(1)(f) GDPR. After an extensive weighing of interests, the DSB came to the conclusion that, due to the serious intrusion into his privacy, the interests of the complainant clearly outweighed the purely commercial interests of Clearview AI.
Decision
The Austrian SA found that Clearview AI infringed the above provisions of the GDPR.
Clearview AI was ordered to erase the complainant’s personal data and to designate a representative within the European Union.
The news published here does not constitute official EDPB communication, nor an EDPB endorsement. This news item was originally published by the national supervisory authority and was published here at the request of the SA for information purposes. Any questions regarding this news item should be directed to the supervisory authority concerned.
Source: EDPB
Should be an amusing fight.
https://www.pogowasright.org/montana-governor-bans-tiktok-but-can-the-state-enforce-the-law/
Montana Governor Bans TikTok. But Can the State Enforce the Law?
AP reports:
Montana Gov. Greg Gianforte on Wednesday signed into law a first-of-its kind bill that makes it illegal for TikTok to operate in the state, setting up a potential legal fight with the company amid a litany of questions over whether the state can even enforce the law.
The new rules in Montana will have more far-reaching effects than TikTok bans already in place on government-issued devices in nearly half the states and the U.S. federal government. There are 200,000 TikTok users in Montana as well as 6,000 businesses that use the video-sharing platform, according to company spokesperson Jamal Brown.
Read more at GVWire,
And read about some a lawsuit challenging the law that has already filed at Courthouse News.
Here is a law that I would have happily ignored as a kid, if there had been such things as social media back then.
https://www.makeuseof.com/should-laws-prevent-kids-joining-social-media-parental-consent/
Should Laws Prevent Kids From Joining Social Media Without Parental Consent?
… The first US state to pass a law addressing parental consent for social media was Utah in March 2023. The law also prevents minors from being on social media at certain late-night hours, and requires age verification, according to NPR.
Arkansas passed a law requiring social media companies to collect a photo ID of new users to determine their age. People under the age of 18 in the state will need their parents’ consent to create an account on social media sites, according to Vice.
Ohio, Texas, Louisiana, and New Jersey are considering similar laws. And there could be more coming at the federal level.
Would a manager let AI manage without him? Perhaps AI could point to areas where your current practices resulted in discrimination and help you resolve it? (If not, what good is AI?)
https://fortune.com/2023/05/18/bossware-ai-remote-workers-tracking-software-could-be-illegal-eeoc/
‘Bossware’ AI that tracks remote workers’ activities could break the law, government says
… “What will happen is that there’s an algorithm that is looking for patterns that reflect patterns that it’s already familiar with,” she said. “It will be trained on data that comes from its existing employees. And if you have a non-diverse set of employees currently, you’re likely to end up with kicking out people inadvertently who don’t look like your current employees.”
Amazon, for instance, abandoned its own resume-scanning tool to recruit top talent after finding it favored men for technical roles — in part because it was comparing job candidates against the company’s own male-dominated tech workforce.
Clearly you can write rules. The problem is finding AI systems and determining how they implement the rules.
https://www.ft.com/content/8446842c-537a-4fc4-9e02-667d719526ae
Can AI be regulated?
For regulators trying to get their heads around the new generation of artificial intelligence systems such as ChatGPT, there are two very different problems to confront. One is when the technology does not work as intended. The other is when it does.
A resource worth considering?
UC Berkeley spreads the gospel of data science with new college, free curriculum
… UC Berkeley’s faculty and students are marshaling the vast power of data science across myriad fields to address tough problems. And now the university is set to accelerate those efforts with a new college, its first in more than 50 years — and is providing free curriculum to help spread the gospel of data science to California community colleges, California State University and institutions across the nation and world.
… The university has posted its curriculum online, complete with assignments, slides and readings, and shared it with more than 89 other campuses. Classes have launched or are set to begin this fall at six California community colleges, four Cal State campuses and other universities including Howard, Tuskegee, Cornell, Barnard and the United States Naval Academy.
[From the curriculum:
All materials for the course, including the textbook and assignments, are available for free online under a Creative Commons license.
Textbook: Computational and Inferential Thinking: The Foundations of Data Science is a free online textbook that includes interactive Jupyter notebooks and public data sets for all examples. The textbook source is maintained as an open source project.
Tools & Techniques.
https://www.theverge.com/2023/5/18/23728703/openai-chatgpt-app-ios
OpenAI launches free ChatGPT app for iOS
OpenAI has launched an iOS app for ChatGPT, promising that an Android version is coming “soon.” The app is free to use, syncs chat history with the web, and features voice input, supported by OpenAI’s open-source speech recognition model Whisper. The app works on both iPhones and iPads and can be downloaded from the App Store here. OpenAI says it’s rolling out the app in the US first and will expand to other countries “in the coming weeks.”
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