The Information and Privacy Agency, AIP, dismissed as unfounded the complaint filed by lawyer Besnik Berisha on behalf of Shaban Gogaj, who was convicted of negligent murder.

The complaint, directed against KALLXO.com and other media outlets, concerned reports on the postponement of Gogaj’s prison sentence execution.

On December 6, 2024, KALLXO.com published an article detailing how lawyer Besnik Berisha had requested a delay in Gogaj’s imprisonment due to health reasons, a request that the court denied.

“The publication of the reasoning behind the rejection of the postponement request, which includes claims dismissed by the court, serves to inform the public and uphold institutional accountability, fulfilling a legitimate purpose under the law on personal data protection,” the March 24 AIP decision stated.

Shaban Gogaj was convicted by the Peja/Pec Basic Court for the negligent murder of Agonis Tetaj in 2018, a sentence later reduced by the Court of Appeals.

Berisha’s complaint to AIP alleged that media outlets, including KALLXO.com, Betimi për Drejtësi, and Gazeta Express, had unlawfully disclosed sensitive health-related information regarding Gogaj’s mental state.

In response, KALLXO.com argued that it was in the public interest to report on the reasons behind the postponement request and the court’s decision. 

The AIP ruled in favor of the media, citing the principle of legality and emphasising that “without the publication of the circumstances surrounding the request’s rejection, the public would not have understood why it was denied.”

AIP highlighted that exceptions exist where the mention of health-related data is justified in the public interest. 

The agency also noted that withholding such information in this case would have resulted in an incomplete depiction of the judicial decision, which would undermine transparency.

The ruling further stated that the legitimacy of using health-related data is closely tied to the purpose of its usage. 

The agency further added that in cases involving homicide, public interest is paramount, and the media have the right and duty to inform the public on case developments, including court rulings.

AIP also confirmed that the media did not publish medical documents or reports obtained from healthcare institutions but only reported on statements made in court. 

Gogaj was found guilty by the Peja/Pec Basic Court of “negligent homicide” and “unauthorised firearm possession,” receiving a combined sentence of seven years and six months in prison. 

Last month, the Supreme Court confirmed the Appeals Court verdict which sentenced Gogaj with a total of six years and six months for negligent homicide and firearm possession. 

Gogaj was released from prison in October 2024.

English version prepared by Ardita Zeqiri