Digital Evidence in Criminal Proceedings and Protection of Personal Data in Albania

Abstract

The rapid expansion of information and communication technologies has significantly transformed both the nature of criminal activities and the methods used to investigate and prosecute crimes. Digital evidence has become increasingly central to criminal proceedings, particularly in cases involving cybercrime, organized crime, terrorism, and financial offences. The growing reliance on electronic data requires legal systems to adapt procedural rules governing the collection, preservation, and admissibility of digital evidence. This article examines the legal framework regulating digital evidence in Albania in light of international and European legal standards, including the Budapest Convention on Cybercrime, the European Union e-evidence legislative package, and the Draft United Nations Convention against Cybercrime. Particular attention is given to recent Albanian case law concerning electronic surveillance, encrypted communications, and cyberattack investigations. The article also considers human rights concerns related to privacy, due process, and proportionality in digital investigations. The study concludes with recommendations for improving the Albanian legal framework and strengthening international cooperation mechanisms for electronic evidence.

Received: 20 February 2026  │  Accepted: 10 June 2026  │  Published: 23 July 2026