In recent years, companies like Clearview AI and Palantir have faced intense scrutiny for their aggressive data scraping practices and the development of facial recognition technologies that enable governments to track individuals with minimal oversight. Clearview AI has been accused of ignoring European sanctions and continuing to build its facial recognition database by scraping billions of images from the internet, selling access to law enforcement and other agencies without regard for privacy laws. Palantir, meanwhile, has secured multi-billion-dollar contracts with governments and militaries, raising concerns about mass surveillance and the erosion of civil liberties. These corporations leverage their first-mover advantage to dominate the market, leaving governments struggling to keep pace with technological advancements. For Europe, a region that prides itself on its commitment to privacy, human rights, and democratic values, this presents a huge challenge. The solution lies partly in a strategic shift towards open-source technology and collaborative partnerships between governments and businesses. By doing so, Europe can reclaim control over its digital future, ensuring that AI and surveillance technologies are governed by law and aligned with public interest.
First of all, scraping happens without consent and on widely used social media platforms. Besides the privacy concerns, these platforms are for other reasons than privacy concerns toxic for people. Recent research and legal proceedings have increasingly framed social media use not just as a habit, but as an addiction with severe consequences for mental health, especially among children and adolescents. While “social media addiction” is not yet officially recognized in the Diagnostic and Statistical Manual of Mental Disorders, experts like Dr. Anna Lembke, a psychiatrist at Stanford University, define addiction as “the continued compulsive use of a substance or behavior despite harm to self or others.” Social media platforms are designed to maximize engagement, offering “24/7, really limitless, frictionless access,” which makes them particularly addictive. Studies and court testimonies reveal that many users, especially young people, struggle to disconnect, often at the expense of sleep, schoolwork, and in-person.
The link between social media use and mental health harms in children is now the subject of landmark legal trials. In early 2026, a young woman testified in Los Angeles that she became “hooked” on YouTube and Instagram as early as age six, leading to depression, anxiety, and suicidal thoughts. Her case is one of thousands alleging that platforms like Meta (Facebook/Instagram) and Google (YouTube) deliberately design their products to be addictive, using features like infinite scroll and algorithmic content recommendations to keep users engaged for as long as possible. Plaintiffs argue that these companies prioritize profit over child safety, contributing to a global mental health crisis among youth. One in seven children aged 10–19 now suffers from mental health issues, with social media use directly linked to increased rates of suicide attempts and eating disorder.
Clearview AI: Ignoring European Law
Clearview AI has been widely reported for scraping billions of images from the internet to build a facial recognition database used by law enforcement and government agencies worldwide. Despite facing fines and bans in several European countries for violating the GDPR, the company has continued its operations, prompting legal action. In 2025, the Austrian privacy organization Noyb filed a criminal complaint against Clearview AI’s leadership, seeking personal accountability and potential prison sentences for its executives. The complaint highlights that Clearview AI has “effectively evaded” GDPR sanctions, continuing to collect and sell access to facial images without consent. European authorities have already imposed fines totaling around 100 million euros, but enforcement remains a challenge, as Clearview AI claims it is not subject to European law due to its lack of physical presence in the region.
Palantir: Expanding Government Surveillance
Palantir’s data analytics platforms are used by governments for mass surveillance, often with little transparency. The company has secured major contracts with the US Army (up to $10 billion), US immigration authorities, and European agencies like France’s DGSI. These deals have raised alarms about data sovereignty and the potential for mass surveillance. In France, Palantir’s renewed contract with the DGSI has been justified as necessary for national security, but critics warn of the risks to individual freedoms and data protection. The company’s deep ties to US intelligence and its expanding footprint in Europe have sparked concerns about the outsourcing of critical infrastructure to private entities with minimal public oversight
Both Clearview AI and Palantir benefit from a first-mover advantage, allowing them to set industry standards and shape regulatory frameworks in their favor. Governments, burdened by bureaucratic processes and limited resources, struggle to innovate at the same pace. This dynamic creates a cycle of dependency, where public institutions become reliant on private entities for critical infrastructure, often at the expense of transparency and accountability.
The Case for Open Source in Europe
Transparency and Accountability
Open-source software offers a compelling alternative. By making the source code publicly available, open-source projects enable independent audits, fostering transparency and accountability. This aligns with Europe’s strong legal frameworks, such as the GDPR, which emphasize the protection of personal data and individual rights. Open-source solutions allow governments to inspect, modify, and adapt software to meet their specific needs, ensuring compliance with local laws and ethical standards.
Public-private partnerships can further enhance the benefits of open-source technology. By collaborating with businesses, academic institutions, and civil society, governments can pool resources and expertise to develop innovative solutions. This collaborative approach not only accelerates technological advancement but also ensures that diverse perspectives are represented in the development process.
Open source disrupts the traditional corporate model by democratizing access to technology. It empowers governments to take ownership of their digital infrastructure, reducing dependency on private vendors and fostering a more competitive and equitable tech ecosystem. This shift is essential for breaking the stranglehold of corporations that prioritize profit over public good.
Leveraging GDPR and Beyond
Europe’s GDPR provides a robust foundation for promoting open-source solutions. The regulation’s emphasis on data protection and individual rights can be extended to AI governance, requiring that surveillance technologies be developed and deployed in a transparent and ethical manner. Open-source software naturally complements these principles, as it allows for greater scrutiny and compliance with legal standards.
The development of AI must be guided by ethical considerations and respect for human rights. Open-source projects can incorporate ethical guidelines into their design, ensuring that technologies like facial recognition are used responsibly and proportionately. This is particularly important in Europe, where the protection of fundamental rights is a cornerstone of policy-making.
Trust is a critical component of any surveillance system. Open-source technology fosters trust by allowing the public to see how their data is being used and by whom. This transparency is essential for maintaining democratic values and ensuring that AI serves the public interest rather than corporate or governmental overreach. Examples are already on the market.
Practical Steps for Europe. Investing in Open-Source Infrastructure
- Europe must invest in the development and maintenance of open-source infrastructure. This includes funding research and development, supporting open-source communities, and creating incentives for businesses to contribute to public projects. By prioritizing open source, Europe can build a sustainable ecosystem that benefits all stakeholders.
- Successful public-private partnerships require clear frameworks for collaboration. Governments should establish guidelines for engaging with private entities, ensuring that partnerships are transparent, accountable, and aligned with public interests. This could involve joint funding initiatives, shared research projects, and open innovation challenges.
- To sustain the open-source movement, Europe must invest in education and workforce development. This includes training programs for developers, ethicists, and policymakers, as well as initiatives to promote digital literacy among the general public. By building a skilled and informed workforce, Europe can ensure the long-term success of its open-source initiatives.
To ensure that public-private partnerships in open-source technology deliver public value rather than just private profit, governments should adopt the principles of mission-oriented innovation, as outlined by economist Mariana Mazzucato. Mazzucato argues that public institutions must play an active, entrepreneurial role in shaping markets, not just fixing them, by setting bold, societal goals and structuring collaborations to align private sector efforts with the public good.
Instead of passive funding or outsourcing innovation to corporations, governments should define clear missions—such as “developing GDPR-compliant, open-source facial recognition alternatives” or “building decentralized social media platforms that protect user privacy.” These missions create a shared purpose and metrics for success that go beyond financial returns.
- Example: The European Commission’s Horizon Europe program uses mission-driven funding to tackle challenges like climate change and digital sovereignty, requiring private partners to contribute to open-source solutions as a condition for receiving public funds.
Under the Mazzucato model, public funding should come with strings attached: private entities benefit from government investment but must reinvest profits into further innovation, share IP as open source, or adhere to ethical guidelines. This prevents the “socialization of risks and privatization of rewards” that often plagues tech partnerships.
- Example: The EU’s Digital Europe Programme funds open-source AI projects but requires that resulting tools be made available for public use, ensuring long-term accessibility and preventing monopolies.
Mazzucato emphasizes that governments should not act as mere customers or regulators but as co-creators of innovation. This means:
- Joint governance: Public and private partners co-design projects, with governments retaining oversight to ensure alignment with public interests. For instance, the FIWARE Foundation (mentioned earlier) includes public agencies, businesses, and developers in its decision-making, ensuring that open-source tools serve societal needs.
- Transparency and metrics: Partnerships must include clear benchmarks for public benefit, such as job creation, data privacy, or reduced inequality. The Netherlands’ “Digital Government” strategy ties open-source adoption to measurable outcomes like improved public services and cost savings.
Furthermore, governments can use challenge-based funding to spur open-source development. For example:
- The EU’s Innovation Council runs open calls for solutions to societal challenges (e.g., secure digital identity), offering grants to consortia that include startups, universities, and civil society. Winners must publish their code openly, fostering a competitive yet collaborative ecosystem.
Lastly, Mazzucato’s model insists that public investments should generate return on investment for society, not just shareholders. This could mean:
- Equity stakes: If governments fund a breakthrough open-source project, they might retain a golden share or license to ensure affordability and accessibility.
- Knowledge spillovers: Contracts should require private partners to share insights, data, or training programs with the public sector, as seen in Finland’s AI strategy, where Nokia and local universities collaborate on open AI tools for healthcare.
By applying Mazzucato’s principles, Europe can avoid the pitfalls of corporate-driven tech (like Clearview AI or Palantir’s lack of oversight) while harnessing private sector agility. The result is a symbiotic ecosystem where innovation serves the public good, and open-source projects thrive as shared infrastructure, not proprietary assets.
Resistance from Corporations
Corporations with vested interests in proprietary software may resist the shift towards open source. To address this, governments must demonstrate the long-term benefits of open-source solutions, including cost savings, increased innovation, and greater public trust. Policymakers can also implement regulations that favor open-source technologies, creating a level playing field for all market participants.
Critics often cite security as a potential weakness of open-source software. However, the transparency of open-source projects allows for continuous peer review, which can actually enhance security by identifying and addressing vulnerabilities more quickly than proprietary systems. Robust security protocols and best practices must be integrated into open-source development to mitigate risks.
Ensuring the sustainability of open-source projects requires ongoing investment and support. Governments can play a key role by providing funding, fostering collaboration, and promoting the adoption of open-source solutions across public and private sectors. This will help create a self-sustaining ecosystem that drives innovation and economic growth.
Existing Open-Source Projects
Countries like Estonia among others have successfully implemented open-source solutions in their digital infrastructure, setting an example for the rest of Europe. By studying these case studies, policymakers can identify best practices and adapt them to their own contexts. Check out X-Road, or the Sovereign Tech Fund in Germany. Italy´s Immuni app is also a good example of open source software used during the Pandemic. Aurora AI in Finland is another use case to be learned from. The project uses open-source AI to personalize public services, while the country’s AI strategy emphasizes ethical, transparent development with public-private collaboration.
The rise of corporate-driven AI surveillance poses a significant threat. For Europe, the path forward lies in embracing open-source technology and fostering collaborative partnerships between governments and businesses. By doing so, Europe can reclaim control over its digital future, ensuring that AI and surveillance technologies are governed by law and aligned with public interest. The transition to open source will not be without challenges, but the benefits—transparency, accountability, and innovation—are well worth the effort.