Dealing with data protection: the Habeus Data right

Yesterday the Colombian Constitutional Court endorsed ‘Habeus Data’ ( ‘ you should have the data’) right to become law. Habeus Data as the term implies, grants individuals with a constitutional right designed “to protect, by means of an individual complaint presented to a constitutional court, the image, privacy, honour, information self-determination and freedom of information of a person.” In other words it gives the tools to update, or correct personal information stored in databases and archives of public and private entities.

The presiding Judge, Hon. Juan Carlos Henao, explained that previously, Habeus data applied to databases of financial institutions regarding the credit reports of people. Now, this new law is extended to other entities that handle databases, such as health centres, public utilities, educational institutions and public offices.

Among the limits imposed by the law it will require holders of databases to give notice to the owner of the data if information is to be provided to third parties and also, to have the authorization to do so. They will also have the duty to inform individuals of, as well as be informed as to, how the information is going to be used.

This are superb news, they are taking pretty serious data protection. By this Habeus data they are giving power to individuals to request the rectification, update or even the destruction of the personal data held in any databases.