Clearview AI Inc. v. British Columbia (Information and Privacy Commissioner), 2026 BCCA 67
2026-02-18
Read full decision. Summary prepared by Alan Macek:
Court Summary: This appeal arises from a judicial review of the British Columbia Information and Privacy Commissioner’s decision that the appellant, Clearview AI Inc., contravened the Protection of Information and Privacy Act by collecting facial data of British Columbians from social media websites without their consent to use in its facial recognition business. The Commissioner prohibited Clearview from offering its facial recognition services in BC and required it to make best efforts to stop collecting facial data of British Columbians without their consent and delete the facial data of British Columbians in its possession. Clearview argues that PIPA does not apply to it as a matter of constitutional law, PIPA does not require it to obtain individual consent, and the Commissioner’s order was overbroad, unnecessary, and unenforceable. HELD: Appeal dismissed. PIPA is constitutionally applicable to Clearview because there is a real and substantial connection between its online activities and the province. It was reasonable for the Commissioner to conclude that PIPA does not exempt Clearview from obtaining individual consent because the information was not “publicly available”, and Clearview did not have reasonable purpose such that consent was statutorily implied. The Order is enforceable and was a reasonable exercise of remedial discretion.