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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Website Defacing for capturing personal data. This zeigeists or conventional toughts or pre conceived ideas are making part of what is the social imaginary hqbeas that can fuel or frustrate social actions on the near future. Its is composed of two chapters. 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 case charged by the prosecutor Patricia Pelaez of Art A, abusive access to an informatic system.

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 allow him to misrepresent what was said against him. Use of malicious software. Hacktivism on an analogy with activism in our legal system may have multiple haneas on subsisting, at least under the empire of Colombian law; But first, lets try to delimit what hacktivism is and how it clashes with Colombian legislation.

The use of criminal law for conducts that with the common use of criminal law and constitutional law cannot be considered actions attached to a particular felony, such as the insult to national symbolism and flags If the defacement is conduct just to make a statement charges could be article A or abusive access to an informatic system.

Legislaciуn. Red Iberoamericana de Protecciуn de datos

Criminal law can preview an offense as a punishable but can get carried out on a disproportionate way on the punishment. Dec y Publico a Particular Excepcion del I. On the same sanction will incur the person that modifies the DNS system so that it makes an user enter a different IP address that is not the intended site when the conduct is not sanctioned with a bigger penalty. Considering anonymity when lye person is the information source.

Frente a los lye de los Servicios: Abusive access to an informatic system. The article 37th of The Colombian Constitution allows citizens to peaceful assembly and manifest in a peaceful babeas, it is a fundamental right and it gives the law the authority to regulate this matter.

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 on the Sophie Germain did not used any legal anonymous ip software such as TOR The Act21 of modified the Colombian Criminal Code22 and created a new legally protected right of protection of information ddata data.

Dw en Uncategorized Deja habeaw comentario. Specially Doctorow where he says that shutting some one up is no acceptable means for backing up free speech. 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 in plain sight.


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 haheas and democratic regimes so there is the discussion that the Act may be criminalizing a fundamental right.

Is a form of electronic civil desobedience taking its name from the Civil Rights Movement14 that is conducted using a DDoS15 attack. This tools include web site defacements5, redirects6, denial of service attacks7, information theft8, virtual sit ins9, typosquatting10 among other conducts. 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.

This person will incur on the penalties prescribed on the lfy of the criminal code. The person that for his own benefit using any informatic manipulation or any similar action that favors the non authorized transfer of assets in prejudice of a third party when the conduct doesnt configurate a crime with a bigger penalty can get from 48 to months in prison, and a fine from to minimum montly salaries.


This carried out a big clashh from hacktivists against this companies and governments that originated this situation causing many DDoS attacks in consecuence. E Mail bombing is also another punishable hacktivism activity under article B, D and E. Some haveas because it did habaes had enough socialization among citizens, others because it violates their fundamental rights on free speech and creation of content habbeas the net under the new posibilities and also for ingprevent innovation from happening, among many other reasons, unhappy internet users took the discussion inside the Senate about an actual copyright reform that will also listen to all parties involved.

The hacktivist could be charged of Illegitimate obstruction to an informatic system or telecommunications network, also computer damage and use of malicious software.

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. If the site does not promote hate or violence or violates rights that can be attributed to an especific person it shouldnt have any problems in existing legally. Activists will have to consider jabeas 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 example, taking down the site of the Colombian Police d aff affecting the issuing of the judicial certification g 166.

Under Colombian law this conduct it does not represent a crime. Any Hacktivist participating on a web site defacement in Colombia could be charged of website defacement for capturing personal data if this was the intempt of the action.


This can affect other citizens rights when in search of a job tthey need this kind of document for the job position. This is something that requires further discussion among lawyers and policy makers and also law enforcers.

For the cyberlawyer11 the Hacktivism term could be a very controversial one because it contains many datq that are very different among themselves and some of them according to the Colombian of cybercrime Act12 are conducts that are sactioned by law with imprisonment sentences. Allowing dissenters to shield their identities frees them to express critical minority views.

Nuevamente nuestro congreso se encuentra legislando a espaldas de la sociedad civil. The person that without proper authorization produces, traffics, purchases, distributes, sells, sends, introduces or extracts, from or into country borders, malicious software or ds for damaging means, can get a prison sentence from 48 to 96 months and a fine of to a current minimum montly salaries.

Spanish pdf Article in xml format Article references How to cite this article Automatic translation Send this article by e-mail. This plus the actual need to ratify the Budapest Cybercrime Convention 38 and also the need for an actual data protection law that with proper regulation could protect the fundamental rights that the 15th article of our constitution contemplates that with responsible copyright law reforms that just do not fold for corporations lobbyst are the biggest challenges for the lawmakers in our country as well for society on for a proper direct interaction with the net of our netizens.

Big ddata personalities like John Perry Barlow have clearly40 opposed this kind of hacktivism tool. A Ong, Asociaciones, Grupos. Consequently, any use contrary to the above-mentioned principles shall be considered unlawful and sanctioned for breach of intellectual property rights. The User shall be responsible for checking the latter sites’ policy in the field of personal data and privacy protection. The rights of the beneficiaries of a derogation are not transferable in any way.


Subsequently a deepening ee 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. On this we could talk about the legislation on terrorism in Colombia and also about in some articles in the Act of lsy we will discuss later. One considering anonimity when the person is in the use of his freedom of speech.

Law can preview something as a crime but the offense could be ambiguous, that favors an extensive interpretation of it and can end up in criminalization of conducts that dont need any criminal treatment. On chapter two we see: Los salarios y las oportunidades haeas desarrollo profesional de los individuos titulares de nuestras certificaciones demuestran que los empleadores reconocen el valor que entregan los profesionales capacitados.