On 20 November 2025, the Albanian Data Protection Commissioner (“Commissioner”) adopted Instruction No. 07/2025 “On the Protection of Personal Data in the Written, Electronic and/or Audiovisual Media and the Exemptions for Special Processing Purposes” (“Instruction No. 7”), a regulatory act that aims to reshape the legal relationship between freedom of expression and personal data protection in Albania.
Issued as part of the secondary legislation implementing Law No. 124/2024 “On Personal Data Protection” (“Data Protection Law”), Instruction no. 7 repeals the long-standing instructions of 2010 and 2012. In their place, it introduces a modern, GDPR-inspired framework that reflects both technological developments in media and evolving European standards on privacy and freedom of expression.
While the Data Protection Law already recognises journalism as a form of “special purpose processing”, Instruction No. 7 gives concrete legal substance to this concept. It does so by introducing a structured proportionality assessment, which media actors must apply when relying on journalistic exemptions. Under the new approach, exemptions are permitted only where the processing of personal data is strictly necessary for journalistic purposes, proportionate to the legitimate public interest pursued, and respectful of the essence of the right to privacy and personal data protection. This marks a clear departure from a blanket exemption model and reinforces a case-by-case balancing exercise.
Building on this framework, Instruction no.7 provides detailed rules for several high-risk reporting areas, where the potential impact on individual rights is particularly significant. Regarding minors, Instruction no. 7 establishes the near-absolute priority of the best interests of the child, sharply limiting identification, interviews and visual exposure, even where information derives from official or public sources. In the context of criminal proceedings, Instruction no. 7 strengthens the protection of the presumption of innocence by restricting the publication of images of detained or arrested persons and shielding relatives and third parties from indirect identification. Health data is reaffirmed as sensitive data, with publication allowed only in strictly necessary cases and always subject to the principles of dignity and data minimisation. Collectively, these provisions require media organisations to move away from speed-driven reporting and towards more risk-aware editorial decision-making.
Another notable development is the explicit recognition of the right to be forgotten in the media context. Instruction No. 7 obliges media outlets to assess requests for deletion, anonymisation or de-indexing of archived content through a balanced evaluation of factors such as the current relevance of the information, the time elapsed since publication, the public role of the individual concerned, and the existence of an ongoing public interest. Rather than imposing automatic removal, Instruction no. 7 introduces a nuanced set of corrective measures, reflecting the realities of digital archives and online searchability.
From a compliance perspective, Instruction no. 7 clearly treats media entities as data controllers, subject to corresponding accountability obligations under Data Protection Law. Importantly, the scope of Instruction no. 7 extends beyond traditional media to include online platforms, digital publishers and audiovisual content producers, acknowledging that journalism today operates across multiple formats and technologies.
In conclusion, Instruction no. 7 represents an important step in clarifying the legal boundaries between media freedom and personal data protection in Albania. Its practical impact will depend on consistent application by media actors and careful oversight by the Commissioner, but it undeniably establishes a more structured and predictable framework for balancing two fundamental rights in a modern media environment.
The information in this document does not constitute legal advice on any particular matter and is provided for general informational purposes only.
