Enforcement in Haiti
Article 436 of the 2020 Penal Code addresses breaches of correspondence secrecy, including physical and electronic forms. It penalizes the opening, suppression, delay, or diversion of correspondence, whether it has reached its destination or not, as well as the fraudulent acquisition of its contents. The article also extends to the interception, diversion, use, or disclosure of correspondence transmitted through telecommunications and the installation of devices for such interception. Violators face imprisonment ranging from six months to one year and fines of 25,000 to 50,000 gourdes.
Article 437 of the 2020 Penal Code of Haiti governs the processing of personal data and enforcement by penalizing unauthorized data processing activities. Specifically, it criminalizes conducting or instructing the processing of personal data in violation of formalities prescribed by law, whether due to negligence or intent. The penalties include imprisonment of 1 to 3 years and a fine ranging from 50,000 to 100,000 gourdes, or either of these penalties.
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.
