The Constitutional Status of Data on Smartphones A Proportionality-Based Analysis

Abstract

The wide use of cellular devices has made them top sources of evidence in criminal proceedings. This legal mechanism on the hands of prosecution office has raised concerns on the protection of human rights. Taking stock from Albanian jurisprudence, the data shows that the use of digital evidence from the phone it is an issue. An empirical review of 160 decisions issued by the Albanian courts states that 95.6% allowed search and seizure of mobile devices without judicial authorization, 4.4% allowed access to computer data with judicial oversight proportionate to the seriousness of offence. The analysis of data interpreted in light of international and national jurisprudence, notably the Albanian Supreme Court’s Unifying Decision No. 147/2021 and the Albanian Constitutional Court’s Decision No. 44/2025, confirms that mobile data are covered by Article 36 of the Albanian Constitution.