Cyber Law at Cuba
Cuba's cyber law framework has evolved significantly in recent years, focusing on data protection, cybersecurity, and the regulation of online content. Here's an overview of the key developments:
🛡️ Personal Data Protection Law (Ley 149)
On May 14, 2022, Cuba adopted the Personal Data Protection Law, which came into force on February 21, 2023, This law establishes the legal framework for the collection, processing, and protection of personal data, aligning with constitutional rights related to privacy and personal identity Key provisions include:
Consent Requirement:Entities must obtain explicit or tacit consent from individuals before processing their personal data,
Data Subject Rights: Individuals have the right to access, correct, and request the deletion of their personal data.
Cross-Border Data Transfers:Transfers are permitted only under specific conditions, such as international judicial cooperation, medical data exchange, financial transactions, international treaties, or cooperation in combating crime
Sanctions for Non-Compliance:Violations can result in fines up to CUP 20,000, temporary suspension of databases, or their closure
🔐 Cybersecurity and Telecommunications Laws
In April 2021, Cuba enacted Decree-Law No. 35 on Telecommunications, Information and Communication Technologies, and the Use of the Radioelectric Spectru. This law criminalizes the dissemination of content deemed offensive, defamatory, or that undermines national prestig. It also categorizes "cyberterrorism" as a high-risk crime, targeting activities that disrupt public order or incite violence, Additionally, Resolution No. 105, published in August 2021, introduced a National Action Model for responding to cybersecurity incident. This model addresses issues like the spread of fake news and online defamation, marking a significant step in regulating digital content and online behavior
⚖️ Legal Implications and Criticisms
These legislative measures have been met with criticism from human rights organizations, which argue that they provide the government with broad powers to censor online content and suppress dissen. The laws' vague definitions of "offensive" or "defamatory" content have raised concerns about potential misuse to stifle free expression and political opposition.
📌 Summary
Cuba's cyber law landscape is characterized by stringent regulations aimed at controlling digital information and protecting personal daa, While these laws aim to safeguard privacy and national security, they also grant the government extensive authority to monitor and regulate online activities, leading to debates about the balance between security and individual freedos.
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