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ARTICLE · 23 DECEMBER 2021

Privacy Law Survey 2021 - Colombia

As concerns about worker data privacy have grown across Latin America, so has the definition of "worker"; past, current, and potential employees and contractors may now be covered by a country's labor, employment and data-security regulations.

ColombiaPrivacy

Consent

May consent be used as a legal basis for processing worker information? (Y/N – if N, please explain)

Yes.

Are there any specific worker data collections or processing operations that require prior consent? (Y/N – if Y, when is consent required)

Yes. Pursuant to Law 1,581 of 2012 and Decree 1377 of 2013 any operation or set of operations performed on Personal Data must be authorized by the owner of said information.

Are there exceptions that will allow employers to collect and treat workers data without consent? (Y/N – if Y, list the exceptions)

Yes. Employers may treat employees' data without employees' if the workers data is public information.

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