Cuba: Law on Personal Data Protection published in Official Gazette
Law 149/2022 on Personal Data Protection was published, on 25 August 2022, in the Official Gazette of the Republic of Cuba, indicating that the National Assembly of People's Power ('ANPP') had adopted the same. Accordingly, the Ministry of Justice, which will be responsible for ensuring compliance with the law, announced, on 25 August 2022, the publication of the law and clarified that it was previously approved by the ANPP on 14 May 2022, which noted, in its fifth session that Article 97 of the Constitution of the Republic of Cuba recognises the rights of every individual to access their personal data and to non-disclosure of their personal data. Consequently, the Ministry added that the law applies to the use of personal data, including gender, age, voice, and skin colour, by any natural or legal persons, as well as the mass media. Additionally, the Ministry indicated that the law provides security to individuals with data stored in records, files, and databases, and information of a public nature, as well as rights to deletion and modification, including any such correction, rectification, or update, of their personal data.
More specifically, the law provides requirements for persons controlling or processing databases of personal data, data transfers, personal data protection principles, rights of data holders, data retention, and processing personal data obtained through video cameras or any such device.
In relation to enforcement of the law, according to Section 4, natural or legal persons who fail to comply with its provisions may receive a warning, a fine of up to CUP 20,000 (approx. €830), an order suspending the database for up to five days, or an order closing the register, file, archive, or database. Moreover, the law also provides that sanctions may be appealed in writing within ten days following the date of notification. Additionally, the law states that the competent authority who may impose sanctions relating to the protection of personal data will be officials expressly authorised by the Central Administration of the State and national entities.
Lastly, the law will enter into force 180 days following its publication in the Official Gazette.