AI-Generated Nude Image of Schoolgirl Sparks Criminal Investigation in Poland

In a deeply troubling case that raises serious questions about children's safety in the digital age, the President of the Polish Personal Data Protection Office (UODO) has reported a potential crime to law enforcement after elementary school students used an artificial intelligence application to generate a nude image of a female classmate.

The incident took place in a primary school near Warsaw, where a group of students reportedly created and circulated a pornographic image of a real, underage girl using generative AI technology. The manipulated image was then promoted on social media—particularly Instagram—encouraging others to exploit the girl’s likeness in similar ways.

Violation of Privacy and Dignity

Although no physical photo session took place, UODO has strongly emphasized that the generated image constitutes a grave breach of privacy, particularly because the individual is a minor under the age of 15 and can be clearly identified. According to UODO President Jan Nowak, such actions represent not only a devastating invasion of personal dignity, but also pose a long-term threat to the girl's future psychological and social well-being.

"The use of AI to fabricate nude images of real people—especially minors—is not a harmless prank. It is a violation of privacy, a potential criminal act, and a deeply unethical exploitation of emerging technology," said Nowak.

Criminal Liability and Legal Framework

The President of UODO has cited several legal provisions that may apply in this case:

• Article 107(1) of the Polish Personal Data Protection Act, which penalizes the unauthorized processing of personal data with up to two years of imprisonment.

• Article 107(2), which increases the penalty to three years if the data involves sensitive categories such as sexual orientation or biometric data.

• Article 202 § 3 of the Polish Penal Code, under which the production, possession, or distribution of pornographic content involving minors is punishable by 2 to 15 years of imprisonment.

Even if the image was AI-generated, UODO refers to precedents set by the Polish Supreme Court, which states that child pornography encompasses any visual material that depicts a child engaged in actual or simulated sexual activity, or any portrayal of a child’s genitals for sexual purposes.

Mandatory Prosecution and Institutional Response

Given the potential criminal nature of this case, the UODO has deemed it essential to notify the Police. Offenses under the cited laws are subject to mandatory public prosecution, reinforcing the duty of state institutions to protect the rights of children.

“The case highlights not just a failure at the individual level, but the urgent need for digital literacy, ethical education, and stronger safeguards in the school environment,” added UODO.

A Broader Wake-Up Call

This case should serve as a warning to educators, parents, policymakers, and developers of AI tools. The ease with which AI can now be used to manipulate and weaponize someone’s likeness—especially children—is alarming. There must be clear boundaries, stronger regulations, and educational initiatives to ensure that technological innovation does not come at the cost of human dignity.

📌 For more information, visit the official statement at uodo.gov.pl. ☎️ UODO Helpline: 606-950-000 (Weekdays 10:00–14:00) ✉️ Email: kancelaria@uodo.gov.pl