The Protection of Personal Data in Cuba (II).

In the labor field, it is crucial that companies implement clear policies to ensure data protection during the hiring process and effective implementation.

The aforementioned regulation, Law 149 of Personal Data Protection of Cuba of 2022, is affiliated to the protection of fundamental principles such as:

Collection Limitation: Only necessary data should be collected.
Data Quality: Data must be accurate and up to date.
Legitimacy: Processing must be based on a valid legal basis.
Security: Adequate measures must be implemented to protect personal data.
Responsibility: Entities are responsible for compliance with the law.

In turn, the law guarantees Cuban citizens several rights:

Right to Access: Holders may access their personal data.

Right to Rectification: Allows inaccurate information to be corrected.

Right to Cancellation: Holders may request the deletion of their data when it is no longer necessary.

In addition, it establishes sanctions for entities that fail to comply with the legal provisions, which reinforces its effectiveness.

However, we consider that despite the great step forward it constitutes, it presents some significant omissions:

1-Lack of effective mechanisms: it does not establish clear procedures for claims for rights violations.
2-Sensitive Data: It lacks specific provisions on the treatment of sensitive data, such as information on health or religious beliefs.

In the labor sphere, it is crucial that companies implement clear policies to ensure data protection during the hiring process and effective implementation.

Informed Consent: Candidates should be informed about how their data will be used.
Use Limitation: Only data necessary to assess candidate suitability should be collected.
Staff Training: Human resources departments should receive training on legal obligations and best practices in data protection.

Antonio Israel Ybarra Suárez, legal director of Servitur.