Assignment Instructions:
Examine PIPEDA Findings #2021-001 ("Joint investigation of Clearview AI") -
Discuss what Clearview AI's argument is for why they should be allowed to use public online photos, and what the OPC has to say about the following points:
Does Clearview AI's scraping of facial images from publicly accessible internet and social media sources fall under the "publicly available" exception? Should this fall under freedom of expression?
If consent is required, was the appropriate form of consent obtained? Can consent be implied based on a person's account being set to "public"?
Did Clearview AI collect/use/disclose personal information purposes that a "reasonable person would consider are appropriate in the circumstances", namely does it matter that their tool is used by law enforcement to help identify suspects and solve crimes?
What are your own views on these topics? How much control is it reasonable to expect for photos you post on social media that are set as public?