The Information and Data Protection Commissioner’s Office, in exercising its functions as a supervisory authority for the protection of personal data, has ascertained the publication and circulation in the media, information portals and social networks of images depicting an identifiable person who has lost his life as a result of an accident.
The legislation on the protection of personal data guarantees that any processing of personal data is carried out lawfully, fairly and proportionately, respecting the dignity and fundamental rights of the individual. In this context, the publication of images or videos that expose persons in serious condition or lifeless requires a careful assessment of the balance between the public interest in information and the right to private life and human dignity.
The status of public figures or family members of public figures, as well as the media interest in the event, does not constitute, in itself, sufficient grounds for the publication of images with serious content.
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. The right to respect for private and family life is protected in any case. Informing the public must respect the limits provided for by the legal framework.
The distribution of such images may constitute a serious violation of human dignity and bring direct consequences for the family members and persons related to the victim and is contrary to the provisions of Article 43 of Law No. 124/2024 “On the Protection of Personal Data”, as well as with the Commissioner’s Instruction No. 07/2025 “On the Protection of Personal Data in the Written, Electronic and/or Audiovisual Media”.
In view of the above, the Commissioner’s Office calls on all visual and online media, administrators of social media pages and any other entity (including social media users) that have published or distributed these images, to immediately cease any further processing of them and to take measures to remove the content from the relevant platforms.
Failure to comply with the obligations provided for by Law No. 124/2024 “On the Protection of Personal Data” may result in the taking of administrative measures and the imposition of sanctions according to the legislation in force.
