I. Legal Framework
The 2002 Constitution establishes a minimum protection of the right to privacy. This provision also includes the right of inviolability of the home and secrecy of communications and private documents, as well as freedom of the press, freedom of expression and freedom of association. Article 8.3 provides that "Any home visit cannot be made unless in specific cases established by the law and pursuant to a judge's order." Article 8.9 establishes that "letters and other private documents cannot be seized nor registered unless in specific cases established by legal procedures and pursuant to a judge's order." The Constitution also protects the inviolability of telegraphic, telephonic and cable communications. Article 8.1 guarantees the right to the inviolability of life, where "it cannot be established, neither passed nor apply in any case the death penalty, neither the torture, nor any other penalty or vexatious method or one that implies the loss or decrease of the physical integrity or health of the individual."1
Article 10 provides that: "the enumeration contained in Articles 8 and 9 is not limitative, and consequently, it does not exclude other rights and duties of equal nature." Furthermore, Article 3 requires that the "Dominican Republic recognize and apply the regulation of the Public International Law as far as its public authorities have adapted them."
Habeas data has not been expressly included in the Constitution or other applicable law in Dominican Republic. However, the Appeal for Legal Protection Act provides protection "against any act or omission from the public authority, or from any individual, that currently or in an imminent way and with obvious arbitrariness or illegality injure, restrict, alter or threaten the rights or guarantees explicitly or implicitly recognized in the Constitution."2