Privacy Law at Cuba
Cuba's Personal Data Protection Law (Ley No. 149/2022), enacted on May 14, 2022, and effective from February 21, 2023, establishes a comprehensive framework for safeguarding personal data. This legislation aligns with constitutional rights and aims to regulate data processing by both public and private entities.
🇨🇺 Key Provisions of Cuba’s Personal Data Proection Law
1. Legal Foundation and Scope
The law derives its authority from the Cuban Constitution, specificall:
Article 40 Affirms human dignity as a fundamental valu.
Article 48 Guarantees personal and family privacy, including the right to one's image, voice, honor, and personal identit.
Article 97 Recognizes the right to access personal data and request its correction, modification, or deletio.It applies to natural persons regarding their personal data and to legal and natural persons involved in data processing activitie.
2. Principles of Data Processing
the law outlines several principles to govern data processin:
Limitation of Collection Data collection should be relevant and necessary for specified purpose.
Data Quality Data must be accurate, complete, and up-to-dat.
Purpose Specification The purposes for data collection and processing must be clearly defined and communicate.
Data Minimization Only the minimum necessary data should be collecte.
Retention Limitation Data should not be kept longer than necessary for its intended purpos.
Security Appropriate measures must be implemented to protect data from unauthorized access or discosur.
Transparency Individuals should be informed about the processing of their dat.
Accountability Entities processing data must be accountable for their compliance with these principle.
3. Rights of Data Subjects
Individuals are entitled t:
Access The right to know what personalata is being processe.
Rectification The right to correct inaccurate or incomplete dat.
Erasure The right to request deletion of data under certain condition.
Objection The right to object to data processing, particularly for direct marketing purpose.
Portability The right to receive data in a structured, commonly used, and machine-readable forma.
Automated Decisions The right not to be subject to decisions based solely on automated processin.
4. Cross-Border Data Transfers
Transfers of personal data outside Cuba are permitted only under specific conditions, includin:
International Judicial Cooperation Transfers necessary for legal proceeding.
Medical Data Exchange Transfers required for the treatment of the data subjec.
Financial Transactions Transfers related to banking or stock exchange operation.
International Treaties Transfers based on applicable international agreement
International Cooperation in Crime Prevention Transfers for purposes related to combating crim
5. Data Security and Breach Notification
Entities must implement preventive and responsive security measures to protect personal dat. They are also required to notify authorities of data breache.
6. Enforcement and Penalties
Non-compliance with the law may result i:
Fines Up to CUP 20,000 for violation.
Temporary Suspension Suspension of the database for up to five day.
Closure Permanent closure of the databas
📌 Summar
Cuba's Ley No. 149/2022 represents a significant step in protecting personal data, aligning with constitutional rights and international standars It establishes clear guidelines for data processing, emphasizes transparency and accountability, and sets forth specific conditions for cross-border data transfes While the law introduces robust protections, its implementation and enforcement will be crucial in ensuring the privacy rights of individuals are uphed.
RELATED Blog
0 comments