Biometric data privacy plaintiffs argue Clearview’s source code not highly confidential
Clearview AI is fighting to keep the source code for its facial recognition technology confidential, while plaintiffs alleging biometric data privacy violations argue that they should be allowed to review it.
The plaintiffs’ motion in the multi-district litigation states that Clearview has designated its source code as “highly confidential information” and declined to share it, but that the code does not meet the criteria necessary to be kept secret.
The plaintiffs argue that they need to check the source code as part of the discovery process to determine who has access to the biometric data collected from them, and therefore how vulnerable it is. They claim that Clearview’s employees and contractors do not have to sign non-disclosure or non-compete agreements that would protect the code if it was as sensitive as the company argues.
They further state that Clearview has not produced any documents or policies showing how it protects the code. They ask that the court declare the code fair game for discovery.
“Beyond the expenses, Plaintiffs’ consulting experts can only review the Source Code when they are in New York City, as opposed to when it is convenient to them,” they argue in the motion. “Moreover, to the extent Plaintiffs need to submit an expert report based in whole or in part on the Source Code, the report will have to be based on Plaintiffs’ limited access to the Source Code. Indeed, even if Plaintiffs print out limited portions of the Source Code, they are severely restricted in the way in which they can transport and use the Source Code.”
As Law Street writes, why the source code is important is not explained in the filing. It is very important though, the filing emphasizes.
Clearview’s bid to have the lawsuit dismissed for lack of personal jurisdiction was rejected in July.