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The Australian Federal Police (AFP) has continued to meet up with the chief executive of Clearview AI, an organisation known for its questionable artificial intelligence facial recognition software, despite it being ruled that police use of the technology broke Australian privacy laws.
First reported by media publication Crikey, a freedom of information request has revealed that the AFP has continued to communicate with Clearview AI and is in favour of the use of facial recognition technology.
The controversial Clearview AI became infamous worldwide when it was discovered that its database of faces was created through the scraping of billions of images of people without their consent. The tool that was created as a result is capable of identifying individuals by cross-referencing these faces, presenting personal information such as name and location.
The AFP first trialled the use of the technology in 2020 when the co-founder and CEO of Clearview AI, Hoan Ton-That, offered the technology to law enforcement worldwide.
A year later, information and privacy commissioner Angelene Falk ruled that the technology broke Australia’s privacy law due to the way it collected information without permission and through unfair means. In addition, the AFP was slammed for using the tech.
“Commissioner Falk found the AFP failed to complete a privacy impact assessment (PIA) before using the tool, in breach of clause 12 of the Australian Government Agencies Privacy Code, which requires a PIA for all high privacy risk projects,” said the OAIC.
“The AFP also breached Australian Privacy Principle (APP) 1.2 by failing to take reasonable steps to implement practices, procedures and systems in relation to its use of Clearview AI to ensure it complied with clause 12 of the code.”
Despite this, the AFP has maintained contact with Ton-That. On top of a meeting with Clearview AI last year, documents released following a freedom of information request have shown that meetings have continued.
Ton-That had encouraged the AFP to work with an Australian academic who was working on regulation regarding facial recognition technology, with the goal of encouraging its use once again.
Ton-That spoke to the then operations manager of the AFP’s Centre to Counter Child Exploitation (ACCCE), Jon Rouse, to organise a meeting between them and the academic.
“I think it can be a positive thing for ensuring the use of FRT [facial recognition technology] by law enforcement in Australia,” said Ton-That.
“Was great to meet you in France,” Rouse replied.
“Definitely open to a call.”
Following this, Rouse invited Ton-That to present at a meeting of law enforcement child protection units in Australia and New Zealand to “educate” them on Clearview.
“Would you be open to me setting up a video conference where you could basically do what you did in Lyon?” asked Rouse, to which Ton-That said yes.
Ton-That presented for 30 minutes on the topic of facial recognition technology and its influence on law enforcement outcomes.
Crikey has reported that David Shoebridge, Greens Senator for NSW, has presented his displeasure that these meetings have continued.
“The fact that AFP leadership continued to meet with the company’s CEO even after the information and privacy commissioner’s directive to halt the use of Clearview AI’s controversial technology shows how little accountability and oversight there is in this space,” said Shoebridge.
“Instead of doing their jobs to tackle issues like foreign interference, which are having significant impacts on Australia’s diaspora communities, the AFP is collaborating with controversial companies in an attempt to normalise the use of facial recognition technology and broaden its surveillance powers.
“We need stronger regulations that protect Australians as a matter of urgency.”
Rouse, who has since been appointed as Queensland’s interim victim’s commissioner, has continued to push for the use of Clearview AI.
“Imagine if we never used DNA technology to solve cases. This technology is a similar kind of revolution in law enforcement,” he told the Herald Sun.
Rouse was speaking to the publication regarding the danger of AI being used to create child abuse material.
The commissioner had previously played a role in bringing down international pedophile networks and has advocated for the use of technology like Clearview AI as a tool to help identify real child abuse victims online.
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