Privacy advocates at Noyb filed a criminal complaint against Clearview AI for scraping social media users’ faces without consent to train its AI algorithms.

Austria-based Noyb (None of Your Business) is targeting the US company and its executives, arguing that if successful, individuals who authorized the data collection could face criminal penalties, including imprisonment.

The complaint focuses largely on Clearview’s apparent disregard for fines from France, Greece, Italy, the Netherlands, and the UK. Aside from the UK — where Clearview recently lost its appeal of a $10 million fine from the Information Commissioner’s Office — the company has yet to pay other fines totaling more than $100 million, Noyb claims.

“EU data protection authorities did not come up with a way to enforce its fines and bans against the US company, allowing Clearview AI to effectively dodge the law,” said Noyb in its announcement today.

Max Schrems, privacy lawyer and founder of Noyb, said: “Clearview AI seems to simply ignore EU fundamental rights and just spits in the face of EU authorities.”

The criminal complaint, filed with Austrian public prosecutors, hinges on Article 84 of the GDPR, which allows EU member states to seek proportionate punishments for data protection violations, including through criminal proceedings.

Clearview AI claims it has collected more than 60 billion images to help law enforcement agencies improve facial recognition tech.

Scraping data is not inherently illegal, however, Clearview’s sweeping collection of social media photos for commercial gain has repeatedly violated GDPR regulations across Europe.

Austria ruled the company’s practices illegal in 2023, though it imposed no fine.

Noyb is using a provision in Austria’s own implementation of the GDPR that allows criminal proceedings to be brought against managers of organizations that flout data protection laws.

“We even run cross-border criminal procedures for stolen bikes, so we hope that the public prosecutor also takes action when the personal data of billions of people was stolen – as has been confirmed by multiple authorities,” said Schrems.

The Register asked Clearview AI to comment. ®