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II. Surveillance policy

Dominican Republic does not have comprehensive data protection legislation. However, privacy is protected in various laws, decrees, and in resolutions issued by different state organizations. The Ombudsman has the faculty to intervene, representing the collectivity interests, in matters related to human rights, environment, women, children and adolescent affairs and in topics related to consumer protection.1 The Ombudsman has had no had practical effect yet, as no one has been appointed to the position.

The Dominican Republic Monetary and Financial System Act stipulates that credit risk information systems must supply truthful, accurate and exact data on debtors. The Act establishes a 10-year term for retention, and contains a purpose limitation for the data.2
The Dominican Republic AIDS Act regulates the procedure that the health specialists should carry out when they determine an HIV positive result in an individual; furthermore it determines the compulsory confidentiality of the information related to AIDS bearers.3   
The Credit Information Societies and the Protection of the Data Subject Act regulates the processing of financial solvency data carried out by commercial data brokers. The Act establishes the principles of data protection, consent, data subject rights and the procedure to perform those rights, as well penalties for infringement.4
The Electronic Commerce, Digital Documents and Signatures Act‚ Complementary Law on Personal Data Protection regulates the processing of personal data of the subscribers and users of digital certification and signature services. This resolution establishes the principles of data protection, the consent of the data subject for the processing of personal data, security measures, data subjects right to access, correction and cancellation of their own personal data and the penalizing regime for infringements.5   
In August 2003, the Code for the Protection of Child and Adolescents Rights was passed.6 According to Article 18, all children and adolescents have the right to a private life and to a personal and familiar privacy, banning the arbitrary intrusion from any State authority or from anyone else. Article 26 of the Code contains a prohibition on the "disposition or disclosure, by any mean, of the image or data of children and adolescents in a way that can affect his/her development  or that constitute an arbitrary intrusion in his/her private or familiar life."
The Freedom on Access to Public Information provides that when an individual requests information from a State Institution and this "affects supreme interests or private rights", such as the "disclosure of personal data that could infringe personal privacy‚ personal data can be handled only when there is specific and unambiguous evidence that the individual affected consents to the processing of the data or that the law compels its disclosure."7 The Act also includes two exceptions that would permit disclosure: i) the personal data is of public interest; or ii) disclosure is necessary to an investigation carried out by a Public Administration Body.