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- 28 Enero, 2016
- by Fundacion Karisma
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In the frame of personal data protection day we released our latest analysis Is data retention legitimate in Colombia? on this document we analyzed regulations on data retention in Colombia and and compared them with those on Peru, Mexico and Brazil from the point of view of compliance with international standards for the establishment of measures restricting fundamental rights, in particular freedom of expression and privacy.
According to the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights, measures affecting communications, while restrictions on fundamental rights must be in accordance with standards and principles laid down in various international documents and States should review and harmonize their rules according to them. The principles governing the application of surveillance of communications are: legality, legitimate purpose, necessity, appropriateness and proportionality, competent judicial authority, due process, user notification, transparency, public oversight, integrity of communications and systems guarantees for international cooperation and safeguards against unlawful access and the right to an effective remedy.
In our latest analysis we conclude that, judging by international standards for human rights protection in the surveillance of communications analyzed in the report, data retention is illegitimate. This is true both for the case of Colombia and for the other countries mentioned.
The question for how long can keep in force current standards that are clearly illegal according to international standards?
Consult the full analysist in PDF version