The Office of the Information and Data Protection Commissioner ('IDP') announced, on 19 April 2021, its decision to monitor a case where a violation of Article 35 of the Constitution of the Republic of Albania ('the Constitution') and the provisions of the Law on the Protection of Personal Data No. 9887 of 10 March 2008 ('the Law') had taken place, following the unlawful dissemination of citizens' personal data.

Background to the case

In particular, the IDP stated that when personal data is involved, it considers that the exercise of freedom of expression and of the press must be realised taking into account the public interest carried by the relevant publication.

Findings of the IDP

Notably, the IDP found that, in accordance with Article 11 of the Law, the publication of citizen's data which has no connection to the essence of the relevant news/publication, is not 'in the public interest'. Furthermore, the IDP noted that such publications that involve the circulation and online publication of citizens' data in the majority of cases turns out to be a large-scale violation of the private and family life of every citizen who is the subject of publication with irreversible consequences for citizens. 

Outcomes

Ultimately, the IDP stated that the investigation relates to a potential personal data breach in violation of Article 35 of the Constitution and the provisions of the Law.

Additionally, the IDP noted that it had already launched an administrative investigation process in relation to the case, and that the results of the investigation shall be made public in accordance with legal deadlines.

You can read the press release here.