Colombia Adopts Regulations to Implement its Data Protection Laws
With the advent of new rules regulating the protection of personal data, companies with operations in Colombia must implement policies and practices to comply with Colombia's privacy law. In October 2012, Colombia enacted Law 1581 to regulate the protection of personal data and safeguard the constitutional right of privacy in the midst of the challenges posed by globalization and new technologies that enable the easy electronic transfer of personal data. On June 27, 2013, Colombia's executive branch issued Decree 1377 ,to implement various provisions of Law 1581 and went into effect immediately. Law 1581 is part of a growing trend in Latin America to establish broad data protection regimes. Under the Political Constitution of Colombia of 1991, all citizens have an inviolate fundamental right to personal and familial privacy and to the protection of their good name. It is expected that the Superintendency of Industry and Commerce (SIC) will conduct inspections to monitor compliance, placing special focus on the health and financial industries, given these industries' reliance on collecting and processing personal data to conduct their activities. Therefore, employers must comply with the privacy law when collecting or processing personal data and to transfer it outside of Colombian borders.