Regulator
Information Commissioner's Office (ICO)
The Information Commissioner's Office is the United Kingdom's independent regulator for data protection and freedom of information. It enforces the UK GDPR and the Data Protection Act 2018, publishes guidance on biometric data, and brought the UK's main enforcement action against a face search index, the 2022 Clearview AI fine, which is still moving through the courts.
Updated November 6, 2026 · 3 min read · reviewed November 6, 2026
What is the ICO?
The ICO is a non-departmental public body headed by the Information Commissioner, based in Wilmslow, Cheshire. It regulates the UK GDPR and the Data Protection Act 2018 along with the Privacy and Electronic Communications Regulations and the Freedom of Information Act. It can issue enforcement notices, require organisations to stop processing, and impose fines of up to 17.5 million pounds or 4 percent of global turnover.
What has it done about face search?
The ICO's most visible action in this field is ICO v Clearview. In May 2022 it fined Clearview AI 7.5 million pounds and ordered it to delete UK residents' data from its index of scraped face images. The First-tier Tribunal set the fine aside in October 2023 on jurisdictional grounds; the Upper Tribunal reversed that in October 2025, and Clearview was granted permission to appeal to the Court of Appeal. The case decides whether a foreign company that indexes UK faces falls under UK law at all.
In February 2024 the ICO published its first phase of guidance on biometric data and biometric recognition, which treats a face template used to identify someone as special category data under Article 9. Big Brother Watch has filed a complaint with the ICO against PimEyes; no public outcome had been announced on the date this entry was checked.
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1984
Data Protection Registrar created
Under the Data Protection Act 1984; renamed Information Commissioner in 2001.
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2018-05
UK GDPR era begins
The Data Protection Act 2018 and, after Brexit, the UK GDPR become the ICO's main tools.
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2022-05-23
Clearview AI fined 7.5 million pounds
Enforcement and penalty notices for scraping UK faces without a lawful basis.
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2023-10-17
First-tier Tribunal sets the fine aside
The tribunal found Clearview's processing fell outside UK jurisdiction.
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2024-02-23
Biometric data guidance published
First phase of guidance on biometric recognition under UK GDPR.
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2025-10-08
Upper Tribunal rules for the ICO
Three of four grounds upheld; the case is sent back to the First-tier Tribunal; Clearview granted permission to appeal to the Court of Appeal in December 2025.
How do you use the ICO?
- Complain about an organisation: use the complaints form on ico.org.uk after raising the matter with the organisation first. The ICO assesses complaints but does not award compensation.
- Report a breach: organisations report personal data breaches within 72 hours through the ICO's online form.
- Helpline: 0303 123 1113 for individuals and small organisations.
- Subject access: the ICO explains how to ask any organisation, including a face search engine, what data it holds about you.
Questions
Can the ICO fine a face search engine based outside the UK?
That is the question in ICO v Clearview. The Upper Tribunal said in October 2025 that the UK GDPR can reach a foreign company that monitors UK residents' behaviour; Clearview's appeal to the Court of Appeal was pending on the date this entry was checked.
How do I complain to the ICO about PimEyes or a similar engine?
Contact the engine first with a written request, keep the reply, then use the ICO complaints form with the correspondence attached. The ICO may contact the company or log the complaint for a wider investigation.
Does the ICO consider a face search index to be biometric data?
Its 2024 guidance treats a face template used to identify or recognise a person as special category biometric data, which needs an Article 9 condition such as explicit consent.
Sources
- 1.ICO: UK Upper Tribunal hands down judgment on Clearview AI Inc (8 October 2025) (checked November 6, 2026)
- 2.ICO: Guidance on biometric data (checked November 6, 2026)
- 3.11KBW: Upper Tribunal hands down Clearview v ICO judgment (checked November 6, 2026)
- 4.IAPP: UK privacy advocates file complaint with ICO over PimEyes (checked November 6, 2026)
Entry reviewed November 6, 2026. Found an error? Tell us.
Related entries
- Case Information Commissioner v Clearview AI (United Kingdom) ICO v Clearview AI: the GBP 7.5 million fine, the 2023 tribunal loss, the October 2025 Upper Tribunal judgment, and the Court of Appeal stage pending in 2026.
- Law UK GDPR and the Data Protection Act 2018 UK GDPR and the Data Protection Act 2018: biometric data as special category data, ICO fines up to 17.5 million pounds or 4%, Clearview, and the 2025 DUA Act.
- Law UK Online Safety Act 2023 and intimate image offences UK Online Safety Act 2023: Ofcom's platform duties, intimate image offences in force since January 2024, the 2026 deepfake creation offence, and misused photos.
- Engine Clearview AI Clearview AI: the law-enforcement face search built on scraped web images, its 100-billion-image claim, who may use it, and fines and orders from seven countries.
- Organisation European Data Protection Board (EDPB) The EU body that coordinates national data protection authorities: its powers, its facial recognition and scraping guidance, and its 2026 smart glasses statement.
- Directory Opt-out routes for every face search engine Opt-out routes for 20 face and image search engines side by side: form or email, verification asked for, stated timeline, cost and link. Checked Nov 6, 2026.
Cite this entry
FaceSearch Wiki editors. "Information Commissioner's Office (ICO)". FaceSearch Wiki, updated November 6, 2026. https://facesearch.wiki/organisations/ico/