An alarming incident involving artificial intelligence occurred at a primary school near Warsaw. Several students used an AI application to generate a nude image of a female classmate, which they then shared and encouraged others to spread, including via Instagram. The case was reported to law enforcement by the President of Poland’s Personal Data Protection Office (UODO), who concluded that there was a strong suspicion of a criminal offense.
Violation of Privacy and a Threat to Child Welfare
The UODO emphasized that digitally altering the image of a minor using AI, even without conducting an actual photo shoot, represents a serious breach of privacy. In this case, the victim is under the age of 15, which means her personal data and image are subject to special legal protections under both Polish and international law.
Although the generated image was artificial, it can lead to real psychological, social, and legal consequences for the victim. The fact that the image was intended for distribution among other students further increases the gravity of the situation.
Possible Legal Violations
In the official complaint filed with the police, the UODO cited potential violations of Poland’s Personal Data Protection Act. Under Article 107, paragraph 1, unauthorized processing of personal data – including a person’s likeness – can result in a fine, restriction of liberty, or imprisonment for up to two years.
If the data processed qualifies as sensitive, such as biometric or sexuality-related information, the penalty increases to up to three years in prison (Article 107, paragraph 2).
Moreover, the described actions may constitute an offense under Article 202 §3 of the Polish Penal Code, which criminalizes the production, possession, or dissemination of pornographic content involving a minor. This carries a prison sentence of 2 to 15 years.
Definition of Child Pornography by the Supreme Court
In its report to the police, the UODO cited Supreme Court rulings defining child pornography as any visual material depicting a minor in a sexual context, whether the acts are real or simulated, or exposing a child’s genitalia for sexual purposes (e.g., decisions from January 15, 2020 – V KK 655/19 and January 18, 2021 – IV KK 251/20).
Official Investigation Underway
Both the personal data violations and the suspected criminal offense under Article 202 are subject to mandatory public prosecution. Therefore, the UODO’s notification to the police is both justified and required, particularly in light of the need to protect minors from digital violence.
The UODO highlighted that the students’ actions – creating, modifying, and potentially distributing a digital nude image of a classmate – are not just a breach of privacy, but could have long-lasting consequences for the girl’s personal and social life.
The Need for Education and Prevention
This incident is a stark reminder of the dangers of irresponsible behavior involving new technologies among children and teenagers. The UODO has issued a strong appeal for enhanced digital education in schools, stressing the importance of raising awareness among young people that content generated using AI can violate laws and have serious consequences – not just for victims, but also for perpetrators.
Source: ManagerPlus.pl
