The right to private life in Albanian Constitutional and ECHR Case law

Abstract The right to private life is one of the fundamental human rights, protected in particular by the constitution and international human rights mechanisms. This paper analyzes the concept, importance and challenges of the protection of this right in the constitutional practice and that of the European Court of Human Rights (ECHR). Within the framework of the Constitution, the right to private life means the protection of personal data, family life, home and communications of the individual against unauthorized interference by the state or third parties. The protection of this right has been extended in a number of provisions of the Constitution, namely Article 35 (protection of personal data), Article 36 (freedom and secrecy of correspondence) and Article 37 (inviolability of residence). Meanwhile, in the practice of the ECHR, this right is closely linked to the principles of the protection of privacy and the right of the individual to personal freedom. However, key challenges include balancing the right to privacy and state security needs, technological developments that increase the risk of privacy breaches, and differing court positions in different cases. In this paper we aim to analyze the role of courts in guaranteeing this right, as well as the impact of ECtHR practice on domestic legislation and international standards. Finally, the need for a careful balance between the right to private life and public interests is emphasized, ensuring effective protection of individual rights in the digital and global age.