Cuba does not license private investigation as a profession. Formal investigative authority is reserved to the Ministry of Interior, and Cuban law penalizes performing a profession without proper authorization with three months to one year of imprisonment or a fine. Cuba’s 2021 reform legalizing private micro, small, and medium enterprises (Decreto-Ley 46/2021) does not extend to investigative services, which remain outside the activities Cuban law allows a private business to perform. Because of this, our work in Cuba relies on knowledgeable local contacts operating cautiously within the law, not a licensed local investigative industry.
Cuba’s Personal Data Protection Law (Ley 149/2022) has been in force since February 21, 2023, and governs how personal data can be collected, used, and shared inside the country. Cuban law doesn’t offer the kind of one-party recording consent that exists in many other countries. Cuba’s 2022 Penal Code (Ley 151/2022, in force since December 1, 2022) created a crime covering acts against a person’s intimacy, image, voice, data, or identity. Recording someone without their knowledge carries real legal exposure in Cuba, and it isn’t something we advise or perform there.
Cuba’s Código de las Familias (Ley 156/2022) allows infidelity as grounds for a fault-based divorce. Custody decisions (guarda y cuidado) are handled separately, under the interés superior del menor (best interest of the minor) standard, rather than being tied automatically to marital fault.
Cuba’s 2022 Penal Code also broadened the crimes tied to digital and technology use as part of replacing the country’s 1987 code, which is relevant to any cybercrime or digital forensics matter involving the island.