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February 17, 2022
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SIC instructions on the processing of personal data in electoral campaigns

SIC instructions on the processing of personal data in electoral campaigns

With regard to the upcoming electoral period, the Superintendency of Industry and Commerce issued a new circularby means of which, it issued instructions to political parties, candidates, political and social movements that register candidates, related to compliance with the legal framework for the protection of personal data during electoral campaigns and any other form of democratic participation.

Within the key points of this circular, experts explain that the collection and processing of personal data of third parties must not take place through fraudulent acts or misleading; the purposes of the treatment must always be informed to the owners of the data and must only be used for the expressly authorized purposes.

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Similarly, those responsible for data processing, in the context of the circular, shall adopt sufficient security measures to assure holders the necessary confidentiality and compliance with the principle of access and restricted circulation of the data collected.

“The circular is a good reminder for those who act in electoral contexts of the importance of knowing and complying with the personal data protection regime in Colombia”, explained María Camila Piedrahita Associate of CMS Rodríguez-Azuero.

What’s more, The SIC warns of increased responsibility in the event of collecting and/or processing sensitive personal data; and, specific instructions on marketing and advertising are included in a context of democratic participation, where, once again, the need for the existence of due authorizations and respect for the rights of the owner to withdraw their authorization is reaffirmed.

Finally, Piedrahita reminded the people responsible for collecting personal data from citizensthe need to generate the National Registry of Databases in case of complying with the established criteria by the Authority for this obligation to apply.

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