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ARTICLE · 23 DECEMBER 2025

Face Value: Data Scraping, AI, Accountability And The GDPR's Global Reach

Gowling WLG
Gowling WLG
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Gowling WLG

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This article explores how the UK GDPR applies to AI‑driven data scraping and biometric data, drawing on the Upper Tribunal's decision in ICO v Clearview AI.

United KingdomPrivacy
Loretta Pugh
Loretta Pugh
Jocelyn S. Paulley
Jocelyn S. Paulley
Claire Van Ristell
Claire Van Ristell
Louise Macdonald
Louise Macdonald
Author LinkedIn connections

This article explores how the UK GDPR applies to AI‑driven data scraping and biometric data, drawing on the Upper Tribunal's decision in ICO v Clearview AI. We highlight what the judgment means for international data transfers, behavioural monitoring and AI governance.

A tech company based outside the UK 'scrapes' the internet for images of UK residents' faces. It then collects, algorithmically maps and stores the images in a database, making it available for national security or criminal law enforcement purposes. Is that company excluded from the reach of UK and EU data protection law because it is outside the UK?

The UK's Upper Tribunal recently decided such data processing by US tech company, Clearview AI Inc (Clearview) is within scope of the GDPR, meaning an ICO fine of £7.5 million could still be on the cards. The decision underscores the regulatory risk of non-compliant processing of UK residents' personal data outside UK and Europe. This was the case

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