Access to criminal records raises concerns about privacy and separation of powers in Kosovo

2026-03-18 17:55:17, Kosova & Bota CNA

Access to criminal records raises concerns about privacy and separation of

A new draft instruction from the Kosovo Ministry of Justice, which aims to expand its access to citizens' criminal records, has raised serious concerns about privacy violations, violation of the law, and the risk of politicization of sensitive information.

The Kosovo Law Institute (KLI), the Kosovo Judicial Council (KJC), and the Information and Privacy Agency (IPA) have expressed strong reservations about the measure, warning that it may be in violation of local laws and international standards for the protection of personal data.

The Ministry of Justice (MoJ) has not responded to Radio Free Europe's requests for comment.

According to the KLI, which has also analyzed this draft instruction, it gives the Ministry of Justice much broader powers than those provided for by law.

"This draft gives the Ministry full access to the Criminal Evidence System - including obtaining files, copying and massive processing of data, and more - powers that the Law on the Central Criminal Evidence System does not recognize," says Gëzim Shala from this institute.

The Criminal Records System is a database that contains data on citizens' criminal convictions and is used primarily by judicial and law enforcement authorities.

According to the Law on the Central Criminal Evidence System, it is administered by the Kosovo Judicial Council.

The current law allows the Ministry limited access to this system, mainly for purposes of international cooperation, such as exchanging data on convicted persons with other countries, but not direct intervention or control over the database.

Experts emphasize that data from the Criminal Evidence System is classified as among the most sensitive and requires strict legal protection.

According to Shala, the draft contradicts not only the Law on the Protection of Personal Data in Kosovo, but also the standards set by the European Court of Human Rights and the European Convention on Human Rights.

These standards are part of the broader European framework for privacy protection, which Kosovo aims to follow as part of its rapprochement with the European Union.

"This draft does not respect the standards for the protection of sensitive data and for this reason we are also dealing with violations of human rights, guaranteed by the Constitution of Kosovo," says Shala.

He also warns of another risk: the transfer of control over this data from the judicial system to an executive institution.

"If the data is transferred from the judicial system to the Ministry of Justice - that is, to an executive and political institution - then suspicions may arise that this data could potentially be used politically, in relation to persons who have political or public influence," warns Shala.

In democratic systems, the separation of judicial and executive powers is considered essential to prevent the abuse of sensitive information.

The Kosovo Judicial Council, which administers the Criminal Evidence System, also opposes the approach envisaged in the draft.

According to the KJC, the Ministry of Justice's full access to the individual data of convicted persons conflicts with the principle of separation of powers and with the legislation in force.

However, this institution has expressed its willingness to cooperate with the Ministry of Justice in drafting an improved document, offering assistance and concrete proposals.

The KJC's comments are based on a series of domestic laws and international standards that regulate data protection and the functioning of criminal records.

"The comments sent to the Ministry of Justice are based on the provisions of the Criminal Code, the Criminal Procedure Code, the Juvenile Justice Code, the Law on the Central Criminal Evidence System, the Law on the KJC and the Law on the Protection of Personal Data, as well as on relevant international practices and acts, which regulate the functioning of the state criminal evidence registry," the KJC's response to Radio Free Europe/Radio Liberty states.

The KJC is the main body responsible for administering the judicial system in Kosovo, including the management of criminal records - which makes its role key in this debate.

Another concern is related to the lack of consultation with the Information and Privacy Agency - the main institution for personal data protection in Kosovo.

AIP confirms that it was not involved in the drafting process and that it was not aware of it until it was contacted by Radio Free Europe.

"Any draft that affects the processing of personal data - especially sensitive data - must undergo a thorough legal and institutional assessment before approval," AIP emphasizes to Radio Free Europe.

In many European countries, consultation with privacy authorities is a mandatory step for any policy that affects personal data.

AIP warns that data from the Criminal Records System have a direct impact on the privacy, dignity and reputation of citizens, and therefore require high standards of protection.

The Ombudsman Institution did not provide any concrete assessment of the draft, emphasizing that it does not comment on documents that are not under its official review.

However, this institution recalls that every legal and sub-legal act must be in accordance with the Constitution and guarantee the protection of human rights.

The Ombudsman confirms to Radio Free Europe that he was not part of the working group and has not received any official complaints regarding this issue, but adds that he will monitor it going forward.

The draft administrative instruction has not yet been finally approved.

The institutions and organizations that have reacted expect it to be reviewed in its entirety, taking into account the observations raised and harmonizing with the law and international standards./REL