Alberta Court Clarifies Consent And 'Publicly Available' Information In Clearview AI Decision

Co-authored by Marya Talha – Summer Law Student

Think online data is fair game? A new decision from the Alberta Court provided further guidance to 'publicly available' data.

The Alberta Court of King's Bench issued its decision in Clearview AI Inc. v Alberta (Information and Privacy Commissioner), addressing Clearview AI's challenge to an enforcement order issued by the province's Information and Privacy Commissioner (the "Commissioner").

The case examined whether Clearview had violated Alberta's Personal Information Protection Act ("PIPA") and raised constitutional questions under the Canadian Charter of Rights and Freedoms ("Charter"). Read on for our analysis of the decision.