PThe acquisition of photos of persons suspected of theft on social networks is becoming increasingly visible. In addition to Kosovo Police reports, their photos are distributed by portals and Facebook users, often becoming the object of public comments and judgment.
One such case became known in Ferizaj, where the owner of a market published a young man’s photo, accusing him of stealing alcohol worth over 40 euros for the next two nights. The owner had declared that the case had been presented to the police.
But photos of suspected persons are also published on the official page of the Kosovo Police. In some cases, police are seeking the help of citizens to identify and locate them, mainly on suspicion of theft. Among the photos published over the years are women who, after distribution on social networks, become the object of numerous comments and reactions.
Kosovo police, in response to Kiks Kosova, have indicated that the publications are done in co-ordination and with the authorisation of justice organs. According to the police, the photos leave because people are identified or arrested.
Meanwhile, the Kosovo Police Inspectorate explains it has the competence to review the actions and inactions of police officials, including the publication of photo and identification data, in cases where there is doubt of violations of law or procedures.
The IPK stresses that publication should be assessed in relation to random circumstances, the purpose of seeking citizens’ help and the necessity of such a measure. Even Article 77 of the Criminal Procedure Code envisions the possibility that the state prosecutor will authorize the publication of the suspect’s photograph, when this is necessary for determining identity or efficient development of the procedure.
The Agency for Information and Private has also discussed the matter of protecting personal data. AIP estimates that publication should be proportional to the goal of achieving and that photography should be used as a last resort, when other ways are not sufficient. According to the Agency, after the person’s arrest, the police must remove the photo from the publication and ask the media to erase it. The AIP has also raised the issue of anonymity of other persons who could appear in the photograph.
While, the ombudsman, through response to Kiks Kosova, stresses that publication itself is not banned, but must respect citizens’ rights, including the right to privacy, guaranteed with the Constitution of Kosovo.
Chronic prepared by Kix Kosova: