The Judiciary as Garant of Personal Data in Albania

Personal data protection is transformed in a crucial and sensitive issue after post communism regime in Albania. Now citizens understand the importance of privacy and the management of the personal data which belongs exclusively to individuals. The protection of dignity and the personality of individuals is provided since in the preamble of Constitution of Republic of Albania (enforced in 1998) and further detailed in four paragraphs of article 35. This prevision is in the coherence with article 8 of European Convention of Human Rights (ratified since 1996 from Albania) or article 12 Universal Declaration of Human Rights (ratified since 1948). Law no. 9887 dated 10/03/2008 "On personal data protection" enforced in Albania provide as "guardian" of personal data not only the main independent institution that controls and applies the law named Commissioner for Personal Data Protection but even the other organs of judiciary, legislative power and some administrative bodies. The Judiciary in its whole activity during the judgment process challenged the protection of two fundamental rights: in one hand the right of public for information displayed in: the transparency of judgments, the right of parties, mass-media to know the arguments of decision and on the other hand, the protection of privacy, the right of the parties for personal data protection etc.