Plaintiff in Clearview AI biometric privacy lawsuit says breach proves data must be deleted
The plaintiff in a biometric privacy lawsuit against Clearview AI says a recent breach of internal company files, apps and source code proves that the biometric data which Clearview allegedly obtained illegally in the first place is not stored securely.
Client information and a list of Clearview user accounts were breached from the company in February, but it is “another serious data security breach” experienced by Clearview that motivated the latest court filing. A server misconfiguration reported last week by TechCrunch exposed video footage and other data held by the company to the internet for a limited time.
In the initial filing, representatives for Illinois resident David Mutnick made the prediction that “given Defendants’ lack of concern for data security and their new-found notoriety, it is extremely likely that Defendants will experience additional and more severe data breaches, further injuring those whose data they wrongfully acquired in the first place.”
The plaintiff has now filed a “Notice of supplemental factual information support of motion for preliminary injunction” to support his request that Clearview be ordered to delete all biometric data in its possession of Illinois residents.
The filing refers to the admission by Clearview AI CEO Hoan Ton-That that the company experiences regular cyber-attacks, and to the suggestion that the company tried to prevent the breach from being publicly disclosed. Ton-That claims that no personally identifiable information or biometric identifiers were exposed.
“Based on Defendant Ton-That’s above-described statement and Defendant Clearview’s attempt to conceal the security breach, it is clear that the biometric identifiers and information of Plaintiff and Class Members that Defendants unlawfully collected and possess are not safe or secure,” Mutnick’s attorney’s write. “Accordingly, the Court should grant Plaintiff the requested preliminary injunction which seeks, among other things, that the Court preclude Defendants from continuing to possess the biometric identifiers and information of Illinois residents without taking adequate and reasonable measures to ensure the security of the identifiers and information.”
Mutnick’s suit is just one of several legal challenges currently underway against Clearview.