On Tuesday, during the opening of the XII International Congress for the Protection of Person announced the National Government’s initiative to reform statutory law 1581 of 2012. The project will be presented in the next few days before the Congress of the Republic.
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For the construction of this project, the Superintendence of Industry and Commerce, through the Delegation for the Protection of Personal Data, made 7 days with the participation of experts and different institutions of higher education, to generate the proposals and reflections corresponding to the content of the regulatory agenda in the field of personal data protection, and the reform of the current regime.
The above, taking into account that, from The promulgation of Law 1581 of 2012personal data processing activities have experienced substantial changes, mainly due to the transformation of the world economy and by the accelerated technological development.
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“All this includes the growth of data -based business models, the increase in cross -border flowsaid the Superintendent Cielo Rusinque.
The Superintendent of Industry and Commerce, Cielo Rusinque.
Some of the most important aspects of the project, which were also socialized within the framework of this Congress, were:
-Modification of the scope of the law. It is clear that the law applies when the treatment is carried out in the Colombian territory, whether it is related to the offer of goods or services, to data holders located in Colombia, or that it is related to the control of the behavior of the holders. This regardless of the place where the person who performs the treatment of this personal data resides.
-Iclusion of definitions of the digital economy, such as automated data treatment and profiles. The project recognizes the use of technology, in which not half human intervention, and is aimed at analyzing, evaluating, predicting, classifying or making decisions based on personal data, among other aspects.
-Modification of the absolute prohibition of data processing of minors. The project allows data processing over 14 years of age with their authorization. However, despite the granting of this prerogative, the project maintains the duties at the head of the State and of society, especially the educational entities, of providing information and training teachers, parents and guardians about the advantages and risks to which boys, girls and adolescents are bound. On the other hand, the project proposes a prohibition for the elaboration of profiles of children under 18 that facilitate behaviors that may harm their physical or mental development, or that are advanced for commercial purposes, among others.
– Expansion of legal bases for data processingincluding the principle of legality and compliance with contracts.
– Strengthening of supervision functionsimproving the form of interaction between the National Personal Data Protection Authority and the Attorney General’s Office.
The Superintendent stressed that “Our horizon is none other than the building of a data regime that can domesticate the markets, avoid the dangers of cognitive monopolies, ensure that the principles of the social state of law extend to the digital world and advance in the deepening of the demands of a democratic organization of society”.
For her part, the Minister of Science, Technology and Innovation, Yesenia Olaya, stressed that “It is evident the need to modernize our decrees, our laws, to adapt them to emerging technologies economies, following high international standards, and putting Colombia to the regional avant -garde in data protection.”.
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