Clearview AI Inc. v. Information and Privacy Commissioner for British Columbia
Clearview AI sought judicial review of the BC Privacy Commissioner's order requiring it to stop collecting and using facial biometric data of British Columbians scraped from social media. The court held that BC's PIPA applies extraterritorially and that the data was not "publicly available" within the statutory exception. The BCCA unanimously affirmed in February 2026.
| Court | Supreme Court of British Columbia |
|---|---|
| Citation | 2024 BCSC 2311 |
| Jurisdiction | British Columbia |
| Decided | |
| Parties | Plaintiff / Applicant: Clearview AI Inc. Defendant / Respondent: Information and Privacy Commissioner for British Columbia |
| Judge | Justice Alan Ross |
AI context
AI system: Clearview AI facial recognition system
Clearview operates an AI facial recognition model trained on billions of images scraped from public web sources (Facebook, YouTube, Instagram, Twitter) without depicted individuals' knowledge or consent.
Significance
Established that provincial privacy legislation applies extraterritorially to foreign AI companies with a real and substantial connection to the province. Confirmed that mass-scraped data is not "publicly available" under PIPA.
Outcome
DismissalJudicial review dismissed. BC Privacy Commissioner's order requiring Clearview to cease collecting facial biometric data upheld. Appeal dismissed at BCCA (2026 BCCA 67).