Status regarding Budapest ConventionStatus : Party Signed : 23/11/2001 Ratified : 20/06/2002 Declarations and reservations : Declarations regarding Article 24, paragraph 7, Article 27, paragraph 2; no reservations See legal profile
Decision of the Council of Ministers No. 973 from 02.12.2015 “On approval of Cyber Security Document 2015 – 2017”
National Security Strategy 2014-2020
Decision of the Council of Ministers No. 284 from 01.04.2015 Digital Agenda of Albania (2014 - 2020)
Law No. 2/2017 on Cybersecurity from 26.01.2017
Decision of the Council of Ministers No. 141 from 22.02.2017, “On organising and functioning of national authority for electronic certification and cybersecurity”
State of cybercrime legislation
Law No. 7895 from 27.01.1995, Criminal Code of Albania, as amended
Law No. 7905 from 21.03.1995, Criminal Procedure Code of Albania, as amended
Law No. 9918 from 19.05.2008, “On electronic communications”, as amended
Law No. 9887 from 10.03.2008, “On protection of personal data”, as amended
Criminal Code enlists the following offences:
Article 74/a Computer-related distribution of pro-genocide or crimes against humanity materials
Article 84/a Threat under motives of racism and xenophobia through computer-based system
Article 117 /2 Pornography
Article 119/a Distribution of racist or xenophobic materials through computer-based system
Article 119/b Insult under motives of racism and xenophobia through computer-based system
Article 137/a Theft of electronic communication network
Article 143/b Computer-related fraud
Article 186/a Computer-related forgery
Article 192/b Unauthorized computer access
Article 293/a Unlawful interception of computer-related data
Article 293/b Interference with computer-related data
Article 293/c Interference with computer-related systemsArticle 293/ç Misuse of equipment
Article 299/a of the Criminal Procedure Code (CPC) - expedited preservation and maintenance of computer data
Article 101 of the Law no. 9918 from 19.05.2008 “On electronic communication” - preservation and administration of data for the purpose of criminal prosecution
Article 299/b of CPC - expedited preservation and partial disclosure of computer data
Article 191/a of CPC - obligation to produce computer data
Article 208/a of the CPC - seizure of computer data
Articles 221-223 of the CPC - interception of communications (including provisions on the limits, authorisation and procedure)
Article 15 (1) of the Law no. 9918 from 19.05.2008 “On electronic communication” states that in the general authorisation the Authority of Electronic and Postal Communications (AKEP) may include conditions related to: “f) permission for interception by competent authorities defined in the legislation in force on interception of telecommunications and implementation of other liabilities arising out of this legislation”.
The Constitution of Albania proclaims that fundamental human rights and freedoms are indivisible, inalienable, and inviolable and stand at the base of the entire juridical order. It also requires that the organs of public power, in fulfillment of their duties, shall respect the fundamental rights and freedoms, as well as contribute to their realization. In addition, Article 17 of the Constitution specifies that any limitation to the rights and freedoms must be established by law, in the in the public interest or for the protection of the rights of others and should be proportionate. Limitations should not infringe the essence of the rights and freedoms and may not exceed the limitations provided for in the European Convention on Human Rights.
The Constitution guarantees among others:
Article 22 – Freedom of expression
Article 23 - Right to information
Article 36 - Freedom and secrecy of correspondence or any other means of communication
Article 37 - Inviolability of the residence.
Additional safeguards are provided by the CPC, Law on Data Protection, Law On Protection of Children Rights. The Code of conduct for safe use and responsive networks and electronic communications services in Albania was signed between Albanian Operators on 07.02.2013.
As a rule, national legislation provides for the requirement of judicial oversight, namely requiring judge’s authorisation for certain procedural measures if fundamental rights are in danger (for example in cases of interception of communications or for obtaining traffic data).
Related laws and regulations
Law no. 9918 from 19.05.2008, “On electronic communications” amended by law no. 102/2012 in accordance with the last developments on EU’s acquis
Law no. 9880 from 25.2.2008, “On electronic signature”
Law no. 10273 from 29.4.2010, “On electronic document”
Law no. 10128 from 11.5.2009, “On electronic shopping”, amended by the law no. 135/2013
Law No. 9887 from 10.03.2008, “On protection of personal data”, as amended
amended by the law no nr.48/2012 and law no. 120/2014
Law no.10325 from 23.9.2010, “On State Data Base”
Law no. 9380 from 28.4.2005, “On Property Right and other relevant rights”
Law no. 119/2014 from 18.09.2014, “On the information right”
Albanian State Police, Cybercrime Unit
Bank of Albania (BSH)
Department of Classified Information Security (DSIK)
Electronic and Postal Communication Authority
Electronic Certification National Authority (AKCE)
General Prosecutor Office, Cybercrime Unit
Information Society National Agency (AKSHI)
Infosec Security and Defense Intelligent Agency, Infosec & Cyber Defense
Ministry of Defense, Department of Digitalization and Innovation
National Cyber Security Agency (ALCIRT)
The Information and Data Protection Commissioner
Albania is Party to the 1959 Council of Europe Convention on Mutual Legal Assistance in Criminal Matters, it also ratified First and Second Additional Protocols to the European Convention on Mutual Assistance in Criminal Matters, as well as the Convention on Extradition.
Albania cooperates with other states on the basis of the provisions of the CPC (Title X Jurisdictional Relations with Foreign Authorities) and Law No.10193 from 03.12.2009, “On jurisdictional relations with foreign authorities in criminal matters”.
Mutual legal assistance requests should be transmitted by post directly to the Ministry of Justice. In cases of urgency requests can be transmitted in advance via e-mail (or fax) to the Ministry. If the requests for assistance have been sent directly to the judicial authorities copies and accompanying acts should be transmitted to the Ministry of Justice.
The legal competence to begin and lead criminal investigations belongs to the Prosecution Service, with the support of the police. Prosecution Service also has the power to send and receive international cooperation requests.
With regard to international cooperation the CPC includes preservation and expedited disclosure of computer data, access to computer data, comprising search, seizure and disclosure of data stored in the computer system located in Albania, when the search and seizure would be admissible and interception of communications.
Competent authorities and channels
According to the Law No.8678, “On the Organization and Functioning of the Ministry of Justice”, the Ministry follows international cooperation in criminal and civil matters according to the international treaties where Albania is part of, follows the jurisdictional relations with the competent authorities of other states and international organizations.
Ministry of Justice is the designated central authority for mutual legal assistance in criminal matters.
Complying with Article 35 of the Budapest Convention, a 24/7 point of contact was established in the Cybercrime Unit of the Albanian State Police. The Prosecutor’s Office has specific competence in relation to urgent measures regarding expedited preservation of traffic data and urgent searches and seizure of data. In some cases the prosecutor will need an authorisation from a judge.
The INTERPOL National Central Bureau for Albania is part of the State Police’s International Cooperation and Coordination Directorate.