The Protection of Personal Data in Cuba.

Prior to the enactment of this law, Cuba lacked a specific regulatory framework for the protection of personal data.
personal data

Cuba’s Personal Data Protection Law 149, enacted on August 25th, 2022, represents a milestone in the regulation of fundamental rights in the country.

This analysis addresses its background, principles, guarantees, omissions and its application in the labor field.

Background of the Law in Cuba and in Comparative Law:

Prior to the enactment of this law, Cuba lacked a specific regulatory framework for the protection of personal data.

The 2019 Constitution explicitly recognizes the right to privacy and access to personal data (Article 97), which establishes a legal basis for the law.

Compared to other legislation, such as the European GDPR and Latin American laws, Cuba is generally positioned and complies with international standards by establishing clear principles for data protection.

In this sense, the Cuban law shares several elements with international legislations, such as:

Consent: The express or tacit consent of the holder is required for data processing.
Transparency: Entities must inform data owners about the purpose and use of their data.
Rights of the Data Subject: Includes rights such as access, rectification and cancellation of data, similar to those established in the GDPR, General Regulation for the Protection of Personal Data.

Antonio Israel Ybarra Suárez, Legal Director of Servitur.