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Comprehensive statutory framework in force with an active, sanctioning regulator and constitutional backstop.
Sub-modules (5)
Regulator And AuthorityGreen
SIC is institutionally housed within the Ministry of Industry, Trade and Tourism yet Law 1581 vests it with independent sanctioning and inspection powers.
Claims: CLM-CO-a1b2c3d4
Act And InstrumentsGreen
Two parallel statutes (1266/2008 and 1581/2012) form a common legal regime for personal data protection.
Claims: CLM-CO-b2c3d4e5
Material ScopeGreen
The constitutional habeas data action operates as a directly enforceable fundamental right independent of statutory processes.
Claims: CLM-CO-c3d4e5f6
Territorial ScopeAmber
Historical reporting (2018) indicated a draft bill to extend SIC's investigative jurisdiction over foreign-headquartered controllers; current legislative status of that specific proposal could not be confirmed in this research pass.
Claims: CLM-CO-d4e5f6a7
Regulator Registration And FilingGreen
Controllers/processors above defined asset thresholds must register databases in the National Database Registry (RNBD); SMEs and natural persons are exempted since Decree 90/2018.
Claims: CLM-CO-e5f6a7b8
Sources and claims (5)
- ConfirmedIAPP — Although the SIC is integrated within the structure of the Ministry of Industry, Trade and Tourism, Law 1581 provides it with the power to impose sanctions and other powers necessary for compliance with the law's objectives.
- ConfirmedIAPP — Colombia has two data protection statutes — Law 1266 of 2008 (credit reporting) and Law 1581 of 2012 (general personal data protection) — which together constitute a common legal regime.
- ConfirmedIAPP — The Colombian Constitution provides a special judicial remedy for data protection known as 'habeas data,' a fundamental and directly applicable right before any judge.
- UncertainDataGuidance — As of 2018 reporting, a draft bill existed to give the SIC power to investigate companies headquartered outside Colombia (e.g., Facebook, Google), though current passage status is unconfirmed.
- ConfirmedDataGuidance — Natural persons and SMEs are exempt from RNBD registration, while public legal entities and companies/non-profits with assets above 100,000 UVT must register their databases within established deadlines.