This proposed class action alleges the infringement of copyright and moral rights of the class members by Clearview AI Inc. (hereinafter Clearview). Clearview is an American company offering facial recognition services. It collects and reproduces in its database billions of photographs of people’s faces published on the Internet. It also extracts the biometric data of the individuals in these photographs. Biometric data, like fingerprints, is sensitive and personal to every individual. Clearview sells access to this database, consisting of billions of photographs of faces and biometric information used for facial recognition purposes, without the consent of the individual concerned. In so doing, Clearview reproduces, uses and sells the photographs in violation of copyrights and moral rights of the class members.
On November 30, 2023, the Federal Court refused to certify this class action against Clearview on the grounds that one of the criteria for certification had not been met. In its decision, the court mentioned that the plaintiff has not demonstrated the existence of an identifiable class of at least two persons. The appeal of this decision was heard by the Federal Court of Appeal on January 29, 2025, and the appeal was taken under reserve.
One of the objectives of this proposed class action is to obtain financial compensation for the members of the class. (Please note that there is currently no judgment or settlement awarding such compensation).