Recent decision has implications for “right to be forgotten” and collecting data for training AI models

The Alberta Court of Kings Bench, in Clearview AI Inc v Alberta (Information and Privacy Commissioner), has declared that province’s Personal Information Protection Act violates the Charter right to Freedom of Expression insofar as it prevents collecting information from the public internet for reasonable purposes.

This case was brought by Clearview AI Inc. (“Clearview”), a U.S.-based facial recognition company, which challenged an order issued by Alberta’s Information and Privacy Commissioner. The order, based on findings from a joint investigation by Canadian federal and provincial privacy regulators, required Clearview to cease offering services in Alberta, stop collecting, using, and disclosing images and biometric data of Albertans, and delete the relevant data already in its possession.

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