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UK/EU TMT weekly: ICO Clearview jurisdiction win; Ofcom OSA enforcement; CMA designates Google strategic market status; EU AI/DSA/DMA moves; advertising and broadcasting updates (16 October 2025)

Published on: 16 October 2025

Published by a LexisNexis TMT expert
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Data protection

ICO wins UT appeal on Clearview AI jurisdiction under UK GDPR

The UK Upper Tribunal (UT) has allowed the Information Commissioner’s Office (ICO) appeal against the First-tier Tribunal (FTT) in the Clearview AI Inc matter. The US-based firm was fined £7.5m in 2022 for unlawfully harvesting images of UK residents from the web and deploying them in a facial recognition database. Upholding three of the ICO’s four grounds, the UT decided Clearview’s handling of personal data amounts to monitoring UK residents’ behaviour and is therefore caught by UK data protection law, irrespective of the company’s overseas location or clientele. It further found the FTT erred in law in deciding the processing fell outside the material scope of Article 2(1)(a) UK GDPR. See: LNB News 10/10/2025 18.

New technologies

AI developers and users can expect guidance on the EU AI Act’s interplay after the legal deadline; MLex notes the European Commission will issue guidelines on how...

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