The Dutch data protection watchdog on Tuesday issued facial recognition startup Clearview AI with a fine of 30.5 million euros ($33.7 million) over its creation of what the agency called an “illegal database” of billion of photos of faces.

The Netherlands’ Data Protection Agency, or DPA, also warned Dutch companies that using Clearview’s services is also banned.

The data agency said that New York-based Clearview “has not objected to this decision and is therefore unable to appeal against the fine.”

But in a statement emailed to The Associated Press, Clearview’s chief legal officer, Jack Mulcaire, said that the decision is “unlawful, devoid of due process and is unenforceable.”

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    3 months ago

    Mulcaire said in his statement that Clearview doesn’t fall under EU data protection regulations.

    “Clearview AI does not have a place of business in the Netherlands or the EU, it does not have any customers in the Netherlands or the EU, and does not undertake any activities that would otherwise mean it is subject to the GDPR,” he said.

    It stole personal data of EU citizens, which is a crime in the EU and the US.