The President of the Office for Personal Data Protection (UODO) in Poland has taken exceptional action by issuing a temporary order prohibiting Meta company from displaying advertisements with the image and personal data of Rafał Brzoska on Facebook and Instagram in Poland. The ban is effective for 3 months and is a reaction to serious violations of dignity, reputation, and privacy of the well-known entrepreneur and philanthropist. It is the second tough decision of this week aimed at protecting the image of a public figure.
The President of UODO, Miroslaw Wróblewski, determined that:
- There is an urgent need for action in the case of Rafał Brzoska, as the use of his personal data in advertising carries significant negative effects for him and his fundamental rights and freedoms;
- The content referred to in the advertisements is not true, harms other people’s opinions about him and undermines trust in him as an individual and an entrepreneur, crucial for his business and charitable activities;
- The dissemination of his personal data is intended to exploit his trust and social position to reach groups most vulnerable to online scams (i.e. those who lack life experience, are elderly, incapable, or lack sufficient economic knowledge);
- The urgent need for imposing a ban also stems from the need to protect the fundamental rights and freedoms of people who may be harmed by the advertisements through the unfavorable handling of their assets, which could result in financial loss;
- It has been fully substantiated that Meta Platforms is violating data protection regulations; Meta also violated the EU Charter of Fundamental Rights, as human dignity is inviolable and must be protected;
- Meta, as joint administrator of the data, has an obligation to process Rafał Brzoska’s data in accordance with the law;
- It has been substantiated that further display of advertisements with his personal data threatens to cause serious and hard-to-rectify consequences –the content disseminated in the advertisements may cause significant financial repercussions for other people (users of the platforms).
“Publicly recognizable individuals, whose real data are easily accessible, can be cruelly exploited by cybercriminals. Unlawful usage of personal data and images can have particularly distressing consequences not only for these individuals, but for a much wider spectrum of people. Recognizing the urgent need for privacy and freedom protection, I decided to issue this decision,” said Miroslaw Wróblewski, the President of the Office for Personal Data Protection. Rafał Brzoska, husband of Omena Mensah, emphasized: “Let’s permanently change this! Let’s be the first in the world to loudly say NO to deep fakes or hate speech propagated by Big Tech.”
The prohibition of advertisements with the image of Omena Mensah and Rafał Brzoska is precedential. Meta, owner of Facebook and Instagram, has been ordered to immediately cease the processing of Omena Mensah’s personal data for advertising purposes in Poland. If the ban is violated, the company risks a financial penalty of up to 4% of global revenue, which in the first quarter of 2024 was over 36.5 billion dollars.
Rafał Brzoska and Omena Mensah are appealing to social media users to remain vigilant and keep reporting violations along with the links to fake ads. This will help their law firm track the thread and Meta’s behavior.
The decision of the President of UODO is effective on Polish territory for the next 3 months and is a precedent in the history of this institution.
Source: https://managerplus.pl/prezes-uodo-zakazal-spolce-meta-publikacji-reklam-z-wizerunkiem-omeny-mensah-i-rafala-brzoski-13627
