Privacy Law Survey 2021 - Colombia

• Published date: 23 December 2021
• Subject Matter: Privacy, Data Protection, Privacy Protection
• Law Firm: Ally Law
• Author: José Gutiérrez (Cuberos Cortés Gutiérrez) and Edwin Cortés (Cuberos Cortés Gutiérrez)

Consent

May consent be used as a legal basis for processing worker information? (Y/N - if N, please explain)

Yes.

Are there any specific worker data collections or processing operations that require prior consent? (Y/N - if Y, when is consent required)

Yes. Pursuant to Law 1,581 of 2012 and Decree 1377 of 2013 any operation or set of operations performed on Personal Data must be authorized by the owner of said information.

Are there exceptions that will allow employers to collect and treat workers data without consent? (Y/N - if Y, list the exceptions)

Yes. Employers may treat employees' data without employees' if the workers data is public information.

Privacy Notice

Is the company required to provide a privacy notice to workers? (Y/N)

Yes.

Does the worker privacy notice need to address security measures?

Yes.

Are there any other unique disclosure requirements with respect to the privacy notice (e.g. list data retention periods, state legitimate bases, etc.)?

Yes. Employees shall be informed about the employers name and address; the purpose/s for which their data will be used; and their rights regarding such data (i.e., access, rectification and deletion).

Data Subject Rights

Are there data subject rights for workers? (Y/N - if Y, please list)

Yes. Workers have the same rights as any Data Subject (i.e. Know, update and rectify their Personal Data with the Data Controller or Data Processor, request proof of authorization granted to the Data Controller; etc.)

What is the timeframe to respond to data subject requests from workers?

In case of a worker's query or claim related to the processing of the Personal Data, the timeframe is 10 business days.

Are there exceptions to responding to data subject requests from workers?

No.

Special Rules for Worker Information

Are there employment rules about privacy-related discrimination (e.g., unlawful to terminate employment due to worker submitting an access request)?

Yes. According to Sensitive Data Processing, it is prohibited, except for cases expressly indicated in article 6 of Law 1581 of 2012

Are there any unique requirements for transfers of employee information to third parties (i.e., contractual restrictions or otherwise)?

Yes. Employees must sign a special authorization for the processing of personal data that is included in their labor contract or in an amendment (in accordance with Law 1,582 of 2012 and Decree 1377 of 2013).

Are there rules about automated decision making involving workers (e.g., hiring...