Cyber Law at Colombia
Colombia has established a comprehensive legal framework to regulate data protection and cybersecurity, aligning with international standards and emphasizing individual rights and organizational responsibilities.
Data Protection in Colombia
Colombia's primary data protection legislation is Law 1581 of 2012, which sets forth the general provisions for the protection of personal dat. This law applies to both public and private entities processing personal data within Colombia or concerning Colombian resident.
Key Provisions
Consent Data controllers must obtain explicit consent from individuals before processing their personal dat.
Data Subject Rights Individuals have the right to access, correct, update, or request the deletion of their personal dat.
Privacy Notice Organizations are required to provide clear and accessible privacy notices outlining the purpose of data collection, the rights of data subjects, and the contact information of the data controlle.
Sensitive Data Special categories of data, such as biometric information, require enhanced protection and explicit consent for processin.
International Data Transfers Transfers of personal data outside Colombia are permitted under specific conditions, including the existence of an international agreement or the implementation of adequate safeguard.
Enforcement and Penalties
Administrative Sanctions The Superintendence of Industry and Commerce (SIC) can impose fines up to 2,000 minimum legal monthly wages (approximately USD 550,000) for violations of data protection laws. Additional sanctions include suspension of data processing activities and, in severe cases, permanent closure of operations involving sensitive dat.
Criminal Penalties Unauthorized access to personal data can result in imprisonment for 4 to 8 years and fines ranging from USD 25,000 to USD 265,00.
Civil Remedies Individuals may seek compensation for damages through civil courts, and collective actions can be initiated for widespread violation.
🛡️ Cybersecurity Regulations
Colombia's cybersecurity landscape is governed by several laws and regulations:
*Law 1273 of 2009: Establishes criminal offenses related to unauthorized access to computer systems and daa.
*Law 1928 of 2018: Aligns Colombia with the Budapest Convention on Cybercrime, enhancing international cooperation in combating cybercrie.
*CONPES Document No. 3854 of 2016: Outlines the National Cybersecurity Policy, setting general standards for cybersecurity, cyber defense, and risk managemet.
*Resolution No. 2710 of 2017: Issued by the Ministry of Information Technologies and Communications, this resolution establishes actions to adopt IPv6 protocol to enhance cybersecuriy.
*Resolution No. 5050 of 2016: Issued by the Communications Regulation Commission, it contains general instructions to guarantee network security and service integrity, introducing obligations for network and telecommunication service providers to inform customers about network security riss.
*External Circular No. 007 of 2018: Issued by the Colombian Financial Superintendence, it imparts instructions related to the minimum requirements for cybersecurity risk managemet.
🧑💼 Data Protection Officers (DO)
While not mandatory, organizations processing personal data of individuals domiciled in Colombia are encouraged to appoint a Data Protection Officer (DPO) or designate a responsible area within the organizain. The DPO should be knowledgeable about the organization's operations and privacy policies and must respond promptly to queries and complants.
🔗 International Cooperaion
Colombia actively participates in international forums and organizations related to data protection and cybersecurity, including the Global Privacy Assembly (GPA), Asia Pacific Privacy Authorities (APPA), and the Organization for Economic Cooperation and Development (ECD).
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