Data Protection in Haiti
Collection and processing in Haiti
Articles 587 to 593 of the 2020 Penal Code address offenses related to automated data systems and their associated penalties. Unauthorized access or fraudulent maintenance in these systems is penalized by imprisonment ranging from 1 to 2 years and fines between 25,000 to 50,000 gourdes, with heightened penalties of 2 to 3 years of imprisonment and fines of 50,000 to 100,000 gourdes if it results in system dysfunction or data alteration (2020 Penal Code, Article 587). Disrupting or falsifying system operations carries penalties of 1 to 3 years of imprisonment and fines from 50,000 to 100,000 gourdes (2020 Penal Code, Article 588). The fraudulent introduction, alteration, or deletion of data incurs 3 to 5 years of imprisonment and fines ranging from 75,000 to 100,000 gourdes (2020 Penal Code, Article 589). Possessing, distributing, or using tools to commit such offenses is subject to the same penalties as the primary offenses (2020 Penal Code, Article 590). Unauthorized interception of non-public transmissions and intentional, unauthorized data alterations are similarly punishable by 3 to 5 years of imprisonment and fines between 75,000 and 150,000 gourdes (2020 Penal Code, Articles 592 and 593).
The Penal Code, adopted in 2020, was initially set to come into force 24 months after its adoption, introducing comprehensive provisions to address crimes in the digital domain. However, these provisions are not yet in effect, as the implementation of the reformed Penal Code has been postponed indefinitely. A commission was supposed to review the text following concerns raised by various sectors. To date, no commission has been appointed, leaving the unreformed Penal Code in effect. The current Penal Code lacks provisions addressing crimes in the digital domain or data protection matters. Consequently, the provisions of the 2020 Penal Code remain under review and are anticipated to come into force in the near future.