The newly enacted Law concerning Personal Data Protection No. 172-13 regulates gathering, handling, accessing, transferring, updating and annulling of personal information.
Scope
All personal data in Dominican territory and/or when the Dominican legislation applies to the responsible person or entity.
Pillars
– Legality of personal data: The personal data files cannot have purposes contrary to law and /or public order;
– Quality of personal data: accurate and updated information;
– Right to access to information: The persons to whom personal data is requested must be previously informed: explicitly, precisely and unequivocally the existence and purpose of the personal data file, the purpose of the data collection and treatment, as well as recipients information, the compulsory or optional nature of his/her response to questions posed to them, the consequences of obtaining the data, the refusal to supply or inaccuracy thereof, of the possibility of exercising rights of access, rectification, cancellation and opposition, and the identity and address of the controller or, where appropriate, their representative;
– Explicit consent of affected person: processing of personal data must be free, informed and unambiguous, unless the law provides otherwise. The consent shall be in written, or by other probative means, according to the circumstances and the communication channel and can be revoked if there is a justifiable cause;
– Data security: The responsible of the personal data file, and if necessary, the processor shall adopt and implement technical, organizational and security means necessary to ensure the protection of personal data and avoid its alteration, loss, handling, treatment, consultation or unauthorized access;
– Data confidentiality: The responsible of the personal data file and those involved in any phase of the processing of personal data are obliged to maintain confidentiality, which continue even after the end of their relationship with the owner of the file personal data or, where appropriate, with the responsible, unless relieved by court and/or by grounds of public security, national defense or public health;
– The prohibition of collecting data by fraudulent, unfair or illicit means is imposed;
– Purpose of data: adequate, relevant and not excessive in relation to the scope and specific, explicit and legitimate purposes for which they were obtained;
Originally published: DISTINCTIVE LAW NO. 2
