Austrian privacy rights organization noyb has filed a criminal complaint against U.S.-based Clearview AI, accusing the facial-recognition company of illegally collecting photos and videos of European Union residents. The group, led by privacy advocate Max Schrems, alleges that Clearview violated the EU’s General Data Protection Regulation (GDPR), and that Austrian criminal law could expose the company and its executives to personal liability, including possible prison terms. Clearview, which claims to have amassed over 60 billion images worldwide, has yet to respond to Reuters’ request for comment.
The controversial company has faced multiple sanctions across Europe for breaching data protection rules. Regulators in France, Greece, Italy, and the Netherlands previously fined Clearview nearly 100 million euros ($116.6 million) for scraping and processing biometric data of millions of citizens without consent. It also reached a U.S. class-action settlement in March over similar data-scraping practices. In the United Kingdom, Clearview is appealing a £7.5 million fine, arguing that the UK’s GDPR should not apply since its services are marketed only to foreign law enforcement agencies.
However, a UK court in October dismissed Clearview’s first appeal, ruling that its operations do fall under British jurisdiction because clients use the company’s technology to identify individuals and analyze behavior. The case is now set to return to a lower tribunal, though Clearview may still seek permission to appeal the jurisdiction ruling. Schrems and his organization argue that Clearview has ignored EU regulatory decisions by refusing to pay imposed fines and operating without an established presence in Europe.
The Austrian complaint could mark a turning point in Europe’s approach to enforcing data privacy laws. If prosecutors accept the case, it would be among the first attempts to pursue criminal enforcement of GDPR violations, potentially setting a precedent that heightens pressure on non-EU firms processing European biometric data. Schrems emphasized the stakes, warning that Clearview’s vast facial-recognition database represents a dangerous concentration of surveillance power that “undermines the idea of a free society, where surveillance is the exception instead of the rule.