Clearview AI Inc. şi puterea celor lipsiţi de putere
Clearview AI Inc. and the Power of the Powerless

Summary/Abstract: In the face of reality, the imbalance of power between participants in the digital environment poses a risk to the protection of fundamental rights and freedoms. The asymmetry of power is reflected in the unique ability of artificial intelligence systems to be used in „real-time” and continuous surveillance of users and in the human limits of understanding and discerning the complexity of data ecosystems in which people „navigate”. Given the increasing sophistication of emerging and disruptive digital technologies, it is important to ask ourselves whether human autonomy still verifies the social equation defined by information and power. This is probably the center of gravity of data protection: saving personal autonomy. The purpose of this article is to highlight the importance of the use of AI systems for „real-time" remote biometric identification in publicly accessible spaces, taking into account the many decisions of European courts, and others that have sanctioned the American company Clearview AI Inc. The effective protection of European citizens and the restoration of legality imply the complete, perfect execution, without being unduly delayed, of the obligations provided by the authorities. Given the complexity of enforcement proceedings, it will be interesting to see what legal levers and mechanisms for judicial cooperation will be put in place both in terms of the collection of fines and in terms of compliance with the provision for permanent deletion of European citizens' personal data from the Clearview AI Inc.'s „smart” database.

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