Published and draft legislation - Colombia

Scope of the Data Protection Law to be extended

Bill 091/2016

The Republic of Colombia’s Senate is pushing through a bill to extend the scope of application of the Personal Data Protection Law (Act 1581/2012) to cover the processing of personal data by Data Processing Controllers (hereinafter, Controllers) who neither live nor are domiciled in the Republic of Colombia but who, using the internet or any other means, collect, store, use, disseminate and in general conduct any transaction or set of transactions involving the personal data of people who live, are domiciled or located in Colombian territory.

The bill also extends the inspection and oversight powers of the Industry & Trade Authority, the Superintendencia de Industria y Comercio.

This bill aims to protect Colombians from improper use of their personal data by Controllers who neither live nor are domiciled in Colombian territory, as well as to enable Colombian authorities to conduct investigations or fact-finding exercises, on their own initiative or as requested by parties involved, with a view to upholding respect for personal data protection.