The Information and Data Protection Commissioner’s Office, in its capacity as the supervisory and monitoring authority for the protection of personal data in the Republic of Albania, in implementation of its legal competences, is following with particular concern the publication and circulation in the media and social networks of a news item containing information on the health status of several identifiable individuals in the Municipality of Gjirokastër.
Article 35 of the Constitution of the Republic of Albania, Article 8 of the European Convention on Human Rights and Law No. 124/2024 “On the Protection of Personal Data” guarantee the right to respect for private life and the protection of personal data.
Within the framework of the legislation in force on the protection of personal data, we emphasize that health-related data constitute special categories of personal data (sensitive data), the processing of which, according to Article 9 of the law, is prohibited in principle and is permitted only in limited cases, determined by this law. Consequently, the publication of personal data in the media, and in particular of data related to health, in the absence of a legal basis and a clear, concrete and overriding public interest, constitutes unlawful processing and is contrary to the legislation in force.
As mentioned above, the publication of such information, especially when it is unconfirmed, inaccurate or unnecessary for the public interest, seriously harms the dignity and reputation of individuals and can have direct consequences in their personal and professional lives. In a public space where information circulates rapidly, the treatment of data related to health requires special care and increased responsibility.
Such publications are contrary to the provisions of Article 43 of Law No. 124/2024 “On the Protection of Personal Data”, Instruction No. 02/2025 “On the protection of personal health data”, which allows the processing of such data only in limited and clearly defined cases by law, as well as with Instruction no. 07/2025 “On the protection of personal data in the written, electronic and/or audiovisual media” which requires the verification of information and prohibits the publication of sensitive data without a legal basis and without a clear, proportionate and justified public interest. The exercise of the right to freedom of expression and information cannot infringe the right to respect for private life and the protection of personal data, guaranteed by the Constitution and international instruments.
In this context, the Commissioner’s Office, in the exercise of its powers, draws attention to and calls on the media, portals and users of social networks to show increased caution in handling information containing health data, to responsibly verify the accuracy of the information and to avoid the dissemination, publication and any further processing of this data, as well as to take immediate measures to delete from all platforms any content related to this case.
Failure to comply with these obligations constitutes a violation of Law No. 124/2024 and may result in the application of administrative measures and relevant sanctions.
The Commissioner’s Office remains committed to guaranteeing the effective implementation of the legislation on the protection of personal data and respect for the fundamental rights and freedoms of individuals.
Respect for privacy and human dignity remains a fundamental standard for a democratic society and an obligation for all public and media actors.
