That's the issue we looked at in Clearview. If you're within a category or circumstance in which the police should be able to use facial recognition and rely on the technology of a private sector partner, we think the police should ensure the private sector partner has acted lawfully. To scrape social media data from the Internet regardless of the privacy settings of a consumer, for instance, would not be lawful. Even for a serious crime, that should not be possible.
On May 2nd, 2022. See this statement in context.