Ley que contiene disposiciones generales del Habeas Data y el manejo Ley de que modifica el Código Penal, y crea un nuevo bien jurídico. a violaciones del habeas data financiero previsto en la Ley de También constituyen infracciones del régimen de habeas data por. Ley de “Por la cual se dictan las disposiciones generales del . El derecho de protección de datos personales o hábeas data fue.

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Ley de (Habeas Data) | camilo andres pereira ramirez –

These derogations may be granted in accordance with the provisions of the present Notice, either in general or on a case-by-case basis, and subject to compliance with any restrictions which may be contained therein. Publicado en Uncategorized Deja un comentario. In Colombia we do not have an actual ruling to this date but we do have people captured34 for alleguedly committing one of the conducts established on the Act, on this particular habesa charged by the prosecutor Patricia Pelaez of Df A, abusive access to an informatic system.

Colombian law and Colombian Constitution 29 allows freedom of tought and expression on its article 42nd, and as on the information age30 we would have to consider that everybody that has a computer and an internet connection is a media broadcast center of some sort. This article will increase the penalties on one aditional half to three quarters if the conduct is carried towards systems or networks owned by the goverment or State, or by the financial system foreign or local.

In orded to make somebody liable of the conducts of the Act this would have to be determined by specialists in computer forensics that eventually will determine if the machine asociated to the IP address was used with the knowledge of committing an illegal activity and that it wasnt just beign used remotely for the illegal conduct and without its owners consent dta knowledge, as for the cyberlawyer the good use of computer forensics37 could mean winning or loosing a case.

The penalty can increase for ,ey last two articles if the amount is superior to minimum monthly salaries.

With both concepts in mind, leu, we look at the ways in which the Due Process is indissolubly part of both the general structure of the Habeas Data Act and, in particular, the procedure for producing negative reports in The central ones of risk. The Act21 of modified the Colombian Criminal Code22 and created a new legally protected right of protection of information and data.


On the past years we have witnessed a big increase on the activities of cybergroups like Anonymous1, LulzSec2 among others, that have created the term Hacktivism3 to back some of their actions as legitimate protests against the system. Lorenzo Cotino Hueso, editor.

Activists leyy have to consider for their cause sake, that when the attack is conducted towards a government site or impedes the normal functioning of the State and affects other citizens rights, like for leh, taking down the site of the Colombian Police d aff affecting the issuing of the judicial certification g s.

Subsequently a deepening of the Habeas Data concept is carried out, resorting to the antecedents in which its inclusion in the Political Constitution of Colombia originates and its subsequent development through Statutory Law of 2. The person that without proper authorization destroys, damages, erases, deteriorates, alters or eliminates informatic data, or a system for data treatment, can get a prision sentence from 48 to 96 months and a fine of to a current minimum montly salaries.

Law can preview something as a crime but the offense could be ambiguous, that favors an extensive interpretation of it and can end up dat criminalization of conducts that dont need any criminal treatment.


This kind of conducts could be done on an anonymous way to prevent for example any kind of retaliations from society specially when the message is supported by a small minority of individuals in society as it could be done adta plain sight.

Nuevamente nuestro congreso se encuentra legislando a espaldas de la sociedad civil. The job of making laws for the digital world is truly a challenge, the internet 2. It copies the full content of a censured site and it is posted on domains or sub domains that are not censored. The person that obtains unauthorized access to a protected or non protected informatic system can get a prison sentence from 48 to 96 months and a fine of to a current minimum montly salaries.

The right of probationary contradiction in the oral trial stage becomes the opportunity for the defendant to defend himself, to refute and oppose the statements made by the opposing party, to provide elements that lfy him to misrepresent what was said against him.

Los líos de tener un reporte negativo en centrales de riesgo

The theory has been formulated by Hackett on his essay Revolutionise the way we govern ourselves39 and is up for discussion and also for implementation. The use of the tutela18 or the knowledge of the law could habess activists and their causes better than the use of violence and illegality on the social protest inside babeas democratic regime.


Publicado el noviembre 19, por sergioaovalle. On activism this could be that if we support one cause and the activist is linked or retransmited in some sort of way, it can lead to more supporters or also that the message can reach a much bigger audience.

The understanding of habea assembly and free speech through social protest as fundamental rights is a big conquest to avoid criminalization of social protest in our country. On this we could talk about the legislation on terrorism in Colombia and also about leh some articles in the Act of that we oey discuss later.

Use of malicious software. There are plenty of activism sites in Colombia that we know of we would like to mention like redpatodos. Access to some information and documents is available to registered subscribers. For the cyberlawyer11 the Hacktivism term could be a very controversial one because it contains many conducts that are very different among themselves and some of them according to the Colombian of cybercrime Act12 are conducts that are ,ey by law with imprisonment sentences.

Access to the remainder of the information and documents is restricted exclusively to IRU Members for their own information and, within the Member Associations, for the information of those persons appointed by the Members to participate in the work of the IRU and whose contact details have been transmitted to daya IRU.

Frente a los operadores de los Servicios: This capture on the Sophie Germain attack and the lack of one on the case between Anonymous and the ex president Alvaro Uribe35 may have happened because the accused adta the Sophie Germain did not used any legal anonymous ip software such as TOR This we need to start bringing into discussion even though when it may not be a very popular subject to be talking about, social protest is still a standing right in our liberal and democratic regimes so there is the discussion that the Act may be criminalizing a fundamental right.

Hacktivism according to the free crowdsourcing4 encyclopedia Wikipedia is: