Clearview AI, a controversial surveillance tech company, settled a nearly two-year-old lawsuit with the ACLU

The ACLU has reached a settlement with facial recognition company Clearview AI that will restrict the company from selling its database of faceprints to most private entities, the nonprofit announced on Monday.

The ACLU, ACLU of Illinois, and the law firm Edelson PC filed a lawsuit on May 28, 2020, against Clearview AI alleging a violation of Illinois residents' privacy rights under the Illinois Biometric Information Privacy Act (BIPA). Plaintiffs in the case are the ACLU and ACLU of Illinois, Chicago Alliance Against Sexual Exploitation, Sex Workers Outreach Project Chicago, Illinois Public Interest Research Group, and Mujeres Latinas en Acción, who sue on behalf of their members, clients, and program participants.

The case has been closely watched and was hard-fought from 2020 to 2022. The settlement, which is sure to draw the attention of legislators, regulators, and other courts, provides the following key compromises:

A "Private Entity Ban," in which Clearview AI has agreed to a nationwide injunction barring access to the Clearview App by: (i) any private entity or private individuals unless such access is compliant with BIPA; or (ii) any governmental employee not acting in his or her official capacity.

An "Illinois State Ban," in which Clearview has agreed to a five-year injunction against access to the Clearview App: (i) by Illinois state and local agencies and their contractors; (ii) by any private entity located in Illinois even if permissible under BIPA; and (iii) by employees of Illinois state and local agencies and their contractors, whether in their individual or official capacities.

A Savings Clause, in which the parties agreed there will be no restrictions on Clearview's ability to work with or contract with: (i) third parties outside Illinois; (ii) federal agencies whether in Illinois or outside Illinois; and (iii) state or local government agencies outside Illinois.

An "Opt-Out Program" for Illinois residents, by which an Illinois resident will be allowed to submit a photo to Clearview and compel Clearview, on a best-efforts basis, to block search results and prevent any future collection of facial recognition data or images of such person.

Illinois Photo Screening, in which Clearview has agreed, on a best-efforts basis, not to access or use any of its existing "Illinois-based" facial recognition data.

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