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08.08.2024

President of the Polish SA bans Meta company from publishing ads using Omena Mensah's data in Poland

The President of the Personal Data Protection Office has obliged Meta Platforms Ireland Limited to stop the display of false advertisements using real data and the image of journalist and presenter Mrs Omena Mensah on Facebook and Instagram in the territory of the Republic of Poland for three months. The order in this case in relation to Mrs Omena Mensah's complaint was issued by Mirosław Wróblewski, President of the Personal Data Protection Office, on the basis of Article 60(1) of the GDPR and Article 70(1) and (2) of the Act of 10 May 2018 on the Protection of Personal Data.

False information has been circulated on Facebook regarding the journalist's death, the fact that she was beaten by her husband, or that she was sent to prison. The Deepfake advertisement uses the journalist's real, actual personal data. The complainant claimed to have detected as many as 263 advertisements (which many times numbered between 2 and 6 versions), the number of which is constantly increasing, as she receives daily signals about further advertisements featuring her. Moreover, this kind of information strongly affects her sense of security, dignity, privacy, and negatively affects the emotional state of those close to her.

"Publicly identifiable individuals, whose real data are easily accessible, can be cruelly abused by cyber criminals. The unlawful use of personal data and images can be particularly severe in its consequences, not only for these individuals, but for a much wider range of those concerned. Recognising that there was an urgent need to protect the complainant's privacy and freedom, I have decided to issue this order," said Mirosław Wroblewski, President of the Personal Data Protection Office.

Meta knows about the case because the complainant notified the company of the problem as early as 4 July 2024. The journalist's complaint will be dealt with by an Irish authority, as Meta Platforms Ireland Limited has its establishment there.

Mirosław Wróblewski, President of the Personal Data Protection Office, in responding to Mrs Omena Mensah's complaint, made use of Article 66(1) of the GDPR, which allows him, in exceptional circumstances, to take a provisional measure if he considers that there is an urgent need to protect the rights and freedoms of data subjects for a period not exceeding three months. In accordance with the procedure, the President of the Personal Data Protection Office notified the other supervisory authorities concerned, as well as the European Data Protection Board and the European Commission.