La protección de datos personales frente a los sistemas de vídeo vigilancia en Colombia

Abstract

Colombian society has allowed the massive installation of surveillance cameras, placing them in any public or private establishments, such as banks, supermarkets, buses, schools, jobs, and housing complexes, among others. This installation has allowed owners of databanks, ignoring the right of all citizens to protect, secure and self-determine your personal data, therefore, shall guide the discussion on solving the following constitutional scenario: Are there any violation of the right to the protection of personal data (Article 15 CP) when video surveillance cameras collect personal data without the authorization in Colombia? To identify the importance of jurisprudencialmente authorization, known as the Informática- self-determination as key aspect for the processing of sensitive data by video surveillance cameras in Colombia. The issues raised are addressed, from a qualitative methodology, ie, examination and analysis is achieved after gathering information and jurisprudence related to the problem, using as methodological reference the technique developed by Professor Diego López Medina in he calls the previous dynamic and static analysis. As a result of the proposed methodology, it was found that over the years has maintained a well-defined line of case law which recognizes that in order to perform the processing of personal data -biométricos- sensitive category is indispensable authorization of the owner Concluding that if there is no free, prior express or excepted authorization by an express legal mandate or an order of a judicial authority, are in front of direct injury to the law of the protection of personal data, so we have to use tutela or the mechanisms established under the Statute Law No 1581 of 2012 compared to the Super Administration of Industry and Commerce, Delegatura of personal data.