Legal Standards for Cross-Border Access to Electronic Evidence in Criminal Procedure: An Albanian Perspective on International Standards

With the development of Information and Communication Technology and digitalization usage expanding significantly in the society, the production and transmitting of data is evermore based on the means of cloud computing. Consequently, the relevance of electronic evidence in criminal proceedings has augmented, encompassing both cybercrimes and traditional offences. Considering the borderless nature of data exchange, supranational regulations and cooperation, the gathering of e-evidence presents a challenging process for criminal proceedings, particularly when it comes to human rights’ implication. Examining the Council of Europe and European Union frameworks on the handling of electronic evidence, the study assesses in particular the procedures and legal issues concerning cross-border electronic data exchange within different jurisdictions in the realm of criminal procedure. The main focus is on the Albanian experience, conducting a comparative analysis on the country’s compliance with electronic evidence rules, whilst addressing data protection safeguards in criminal procedure.