The Balance Between the Right to Information and the Right to Privacy in Judicial Decisions: The Case of Albania - Hysmir Idrizi and Gentiana Kapllani

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Abstract: 

Three major revolutions have shaped and reshaped the way society cooperates as a whole entity: the Agricultural Revolution, the Industrial Revolution, and the Technological Revolution.[1] Started in 1970 with the emergence of new technologies, the latter paved the way to a novel way of social interaction, the one that is referred to today as “the information society”. Each subject - whether a physical or a legal entity - is a load of data to information and communication technologies, the protection of its rights has become an offset for immense legal amendments.[2] Considering this, this paper outlines two of the most affected rights by technological development - ‘the right to information’ and ‘the right to data protection’. This paper outlines a new approach to maintaining a balance between the protection of personal data and the right to information in legal proceedings. In the first section it provides a general introduction of the standards set by the “General Data Protection Regulation'' by considering different ‘minimisation techniques’ applied by the European Member States as applicable approaches for a better protection of personal data in legal proceedings. In the second section it analyzes the protection of these rights in Albanian legislation and proposes possible solutions to be implemented by the courts and the Public Relations Offices - as the responsible institutions according to the law. It considers legal doctrine, as well as the Xhoxhaj vs. Albania, a case law directly addressing the level of personal data protection that should be guaranteed by the State. In conclusion, the paper underlines the importance that the ‘test of proportionality’ has for safeguarding citizens’ rights in a society with unprecedented technological advancements.

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