Meta is not allowed to publish advertisements in Poland using data of the President of InPost

As a result of the action taken by the President of the Personal Data Protection Office, following a complaint from Mr Rafał Brzoski, Meta Platforms Ireland Limited must suspend the display, on Facebook and Instagram, of advertisements using Mr Rafał Brzoski's real data. The injunction will be in force for three months and applies to false advertisements displayed in the territory of the Republic of Poland. The President of the Polish SA, Mirosław Wróblewski, has issued a protective order on the basis of Article 70(1) and (2) of the the Act of 10 May 2018 on the Protection of Personal Data and Article 66(1) of the GDPR, which sets the maximum duration of this measure at precisely three months.

According to a deefpake, which appeared as an advert on Facebook and Instagram, Rafal Brzoska was allegedly founding a platform that provides profits to all ‘Polish citizens’. The deefpake advertisement uses real, up-to-date personal data of Mr Rafal Brzoska, the President of Inpost. It is an unlawfully modified video using his image. The complainant emphasises that Meta is distributing the video without verifying and assessing the reliability of the personal data. He also points out that he has thus been exposed to loss of trust in his business and reputation.

The Meta knows about the case, as the complainant notified it of the problem on 3 July. Mr Rafal Brzoska's complaint will be considered by an Irish authority, as Meta Platforms Ireland Limited has its establishment there.

The President of the Polish SA, Mirosław Wróblewski, stated that:

• there is an urgent need to take action in Rafał Brzoska's case as the use of his personal data in advertisements has significant negative consequences for him and his fundamental rights and freedoms;
• the content referred to in the advertisements is false, harms other people's opinion of him and undermines confidence in him as a person and an entrepreneur, which is essential for his business and charity activities; and
• the dissemination of his personal data is aimed at groups most vulnerable to this type of online scam (i.e. inexperienced people, the elderly, the infirm and those without sufficient economic knowledge) by exploiting their trust and social standing;
• the urgent need to impose a ban with the above content also stems from the need to protect the fundamental freedoms and rights of persons who may be harmed by advertising through the unfair disposal of their assets, exposing themselves to financial loss;
• there is a clear probability that Meta Platforms is in breach of data protection laws; Meta has also violated the EU Charter of Fundamental Rights, as human dignity is inviolable and must be protected;
• there is a substantial likelihood that the continued display of advertisements with Mr Brzoska's personal data may have serious and difficult-to-remove effects - the content disseminated in the advertisements may cause severe financial consequences for other persons (users of the portals)

Mirosław Wróblewski, President of the Personal Data Protection Office, responding to Mr Rafal Brzoska's complaint, made use of the provision of Article 66(1) of the GDPR, which, in exceptional circumstances, allows him to take a provisional measure if he considers that there is an urgent need to protect the rights and freedoms of data subjects. In accordance with the procedure, the President of the Personal Data Protection Office has notified the other supervisory authorities concerned, as well as the European Data Protection Board and the Commission. He is also in direct contact with the lead supervisory authority, i.e. the Irish supervisory authority.