XV Edition GIZ Law Journal

FEATURE

its Protection and Enforcement in the Republic of Kosovo The Promise of Privacyand Transparency

By: Shpetim Bajrami

Privacy is a sensitive legal asset. This sensitivity makes it increasingly vulnerable to violation: Not only is digitalisation finding its way into our daily life more and more. There is also often a lack of understanding of the right to privacy on the part of employers - and this applies equally to state and private entities. In contrast to this, a state and its institutions gain trust and legitimacy most effectively through being transparent. Yet, although Kosovo has made progress in terms of transparency, efforts remain necessary to enhance it in public organisations. This article aims to shed light on the legal framework and legal reality with regard to data privacy and the right to access to public documents in Kosovo while placing particular emphasis on While it is self-evident that the right to information and the right to access to information need to be protected and enforced, their implementation faces theoretical and practical hurdles. As a starting point, both regimes have their foundation in the Constitution of the Republic of Kosovo: On the one hand, Article 36 makes clear that every person enjoys the right of protection of personal data; the collection, preservation, access, correction, and use of personal data are regulated by law. On the other hand, Article 41 underlines that every person enjoys the right of access to public documents. The more specific regulations are set by national legislation, namely by the Law on Protection of Personal Data (Law No. 06/L-082) and the Law on Access to Public Documents (Law No. 06/L-081). What isofutmost importanceisthat throughtheLawonProtectionofPersonal Data, the Information and Privacy Agency (in the following: the Agency) was established. It is an independent Agency responsible for supervising the implementation of the legislation for personal data protection and access to the important work of the Information and Privacy Agency. Need for Protection: The Information and Privacy Agency

1 European Commission, Kosovo Report 2021, p. 11.

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2 Website der Information and Privacy Agency, https://aip.rks-gov.net/en/aip-english/ .