Sensitive Data and Access by the Institutional Entities Responsible for Procurement, Issues and Legal Vacuum

(1. Faculty of Law, “Luarasi” University, Albania; 2. “LOGOS” University College, Albania)

Abstract: Public institutions in our country, during the implementation of procurement procedures, based on the procurement law to promote free competition, transparency and efficiency, are responsible for the preservation of confidential information, personal and sensitive data of economic operators participating in the tender. Legal changes in harmony with European laws and the implementation of the new Electronic Procurement System (EPS), aimed at electronic publication of all data and documentation related to procurement procedures, consistently highlight the importance of cyber security investments and development for public institutions.

The verification of the legislation is noted that it has not been regulated and there are legal gaps in terms of protection procedures in terms of cybersecurity and sensitive data protection. Institutional practice has also demonstrated contradictory and ununified positions regarding accountability and procedures to be followed to preserve confidential information and sensitive data, reflected in standard tender documents, according to legal provisions.

The purpose of this study is to present through a detailed analysis the necessary legal and technical improvement, regarding the actions of the responsible officials, part of these institutions, during the development of procurement procedures, in order to prevent their unauthorized interference in sensitive personal data and cyber security. In this context, the analysis aims to clarify a fundamental question: Whether sensitive data in procurement procedures are affected by the lack of good definition of institutional responsibilities in law, for officials involved in public procurement, or by the involvement and access of many institutions in the tender documentation published in EPS?

Key words: sensitive data, unauthorized access, administrative investigation, cyber security, procurement procedure

JEL code: K400