Habeas Data, Development and Origin in Latin America and Albania

Abstract

In this article, is examined the evolution and origin of Habeas Data, as a new guarantee in Latin America and Albania. As is well known, the right of Habeas Corpus is central to European legal culture, namely English legal culture, when it comes to fundamental rights. This jurisdictional guarantee of personal freedom dates back at least to the Magna Carta of 1215. Without it, neither the presumption of innocence nor the principle of due process of law, the only ones that comply with the liberal-democratic state of law, can be realized.

Parallel to Habeas Corpus, the constitutional protection of Habeas Data is being established throughout Latin America along this line of thought in favor of freedom and the right of the individual. For several years, the Republic of Albania's data bank system has been transferred to the government platform E - Albania.

From the standpoint of convenience, it is a significant benefit for citizens, who may access 90% of services simply login onto this platform without having to visit the counters of the institutions.

However, the convenience of accessing the service comes with some increased risks for citizens' personal data. The e-Albania system was hacked in March 2023, and as a result, the service was disabled for citizens.

Meanwhile, a new project was launched to bring second-level banks onto this platform. According to banking sources, the interaction would be done with a special customer authentication for entering the e-banking platform from e-Albania, the same technique used for access through the bank's website or application.

This security filter seeks to keep bank account data safe from security concerns caused by cyber attacks. Citizens are concerned about what will happen to their bank accounts in the case of a cybernetic attack. I believe we are late, but better late than never, for our legislators to propose a review of the chapter on the protection and guarantee of the right to privacy in the Albanian Assembly.

The Latin American experience with habeas data confirms the significant legal integration accomplished, particularly in public law, in a journey that began in the 1970s and 1980s. Regarding Albania, I believe that Albanian parliamentarians should make an immediate contribution to the amendment of the Constitution regarding the protection and guarantee of personal data.