Last review date: 10 December 2024
Yes.
The following are potential legal bases for processing personal data:
☒ the data subject has provided consent to the processing for the identified purposes
Any collection, use, transfer, storage or processing of personal data requires prior, express and informed consent from the data subject. This qualified consent is the backbone of the Colombian data protection system.
Last review date: 10 December 2024
Yes
The following are potential legal bases for processing sensitive personal data:
☒ the data subject has given consent to the processing, where consent is measured to a higher standard than for non-sensitive personal data (for example, additional requirement for consent to be "explicit")
☒ processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent
☒ processing is necessary for reasons of public interest in the area of public health
☒ processing is necessary to fulfill legitimate interest of the data subject and the data is proportional to these needs.
Last review date: 10 December 2024
Yes.
A minor within the meaning of data privacy laws is a person below the age of 18.
Last review date: 10 December 2024
☒ generally
Last review date: 10 December 2024
☒ consent must be given or authorized by the holder of parental responsibility over the child
The applicable data protection laws prohibit the processing of personal data of minors. However, based on the ruling of the Colombian Constitutional Court, which declared the Data Protection Law to be compliant with the Constitution, Decree 1377 of 2013 (compiled in the Decree 1074 of 2015) provided for exceptions allowing the data of minors to be processed, where processing of data is necessary for the protection of the minor's fundamental rights. Whenever it is possible, minors' opinions concerning the processing of their data must be taken into account.