DLA Piper Intelligence

Data Protection
Laws of the World

Law

Haiti
Haiti

Arrêté fixant les règles relatives à la protection des données à caractère personnel, published in the official gazette, Le Moniteur, #87 of May 15, 2018.

Code Penal, Published in the official gazette, Le Moniteur, Special #10, June 24, 2020.

Last modified 15 Feb 2022
Law
Haiti

Arrêté fixant les règles relatives à la protection des données à caractère personnel, published in the official gazette, Le Moniteur, #87 of May 15, 2018.

Code Penal, Published in the official gazette, Le Moniteur, Special #10, June 24, 2020.

Last modified 15 Feb 2022
Definitions

Definition of Personal Data

There is no definition on the act.

Definition of Sensitive Personal Data

Article 4 of the Decree on personal data provides that “Any release of personal data that is likely to infringe the rights and freedom of an individual is forbidden”. 

This disposition refers to sensitive personal data according to our interpretation. Thus, sensitive personal data is any data that is likely of infringe the rights and freedom of an individual.

Last modified 15 Feb 2022
Authority

Such entity does not exist yet in Haiti.

Last modified 15 Feb 2022
Registration

N/A.

Last modified 15 Feb 2022
Data Protection Officers

N/A.

Last modified 15 Feb 2022
Collection & Processing

The person on whom the personal data is collected needs to be informed that it is being collected and will be processed. Collection of personal data needs to relevant and necessary for the purpose of their registration. The purpose of the collection needs to also be communicated to the person.

Last modified 15 Feb 2022
Transfer

If personal data is communicated to a third party, it has to be accessible with the possibility to be modified by the person on which they have been stored.

Last modified 15 Feb 2022
Security

The Decree provides that the personal data needs to be stored in a way to protect confidentiality and prevent disclosure. When stored, only specific people should have access to them because of their position.

Last modified 15 Feb 2022
Breach Notification

The law does not regulate how breach of data should be handled. However, any communication of personal data (including breaches) can be subject to criminal and administrative lawsuits.

Mandatory breach notification

No regulation on the matter.

Last modified 15 Feb 2022
Enforcement

No specific regulation on that matter.

Article 436, 437 of the Penal Code.

Last modified 15 Feb 2022
Electronic Marketing

The Decree on data privacy requires the user’s consent whereas Article 438 (2) of the Penal Code only specifies that the person needs to opt-out. Given that the Decree on personal data is a specific legislation on data privacy, we recommend having the user consent prior to collecting his data.

Last modified 15 Feb 2022
Online Privacy

No specific regulation on that matter.

Last modified 15 Feb 2022
Contacts
Christelle Vaval
Christelle Vaval
Partner
Cabinet Salès
T +509 3881 5484
Jean-Frédéric Salès
Jean-Frédéric Salès
Managing Partner
Cabinet Salès
T +509 2815 1500
Last modified 15 Feb 2022