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Noyb Files Criminal Complaint in Austria Targeting Clearview AI Over EU Data Scraping

Prosecutors are asked to apply Austria's GDPR criminal provision to pursue personal liability for company executives.

Overview

  • The complaint alleges Clearview illegally collected photos and videos of EU residents to build a facial-recognition database.
  • Prosecutors must now decide whether to open a case, which advocates say could set a first test for criminal GDPR enforcement against a non‑EU firm.
  • Regulators in France, Greece, Italy, and the Netherlands have already found GDPR violations and issued nearly €100 million in fines that remain largely unpaid.
  • Noyb cites Austria's §63 Data Protection Act, aligned with GDPR Article 84, which allows criminal proceedings that could expose executives to fines or jail time.
  • Clearview says it has gathered more than 60 billion images and markets its tools mainly to law enforcement, while Austria previously deemed its practices illegal and the company continues contesting a £7.5 million UK penalty after losing an initial appeal.