Superintendencia de Industria y Comercio

The Superintendence of Industry and Commerce ratified the fourth sanction against LINIO DE COLOMBIA SAS for failing to suppress the data of a person who request the company, six times, to stop sending advertising information. The decision was recorded in resolution 83882 of 2018 and the value of the fine is amounted to $351.558.900. COP (roughly  112.498 US dollars). 

The Superintendence maintained the sanction since the company infringed the habeas data right of the user, which requires suppressing customer’s personal data when there is no legal or contractual obligation to retain the information in the companies’ databases. The Superintendence of Industry and Commerce pointed out that in the past it had sanctioned the company for the same reason, on three times. 

The Superintendence reminded the Administrators that they must not only ensure compliance with legal or statutory provisions, but they must also guarantee conformity with these provisions in a real, effective and rigorous way, which implies to be constantly checking compliance with the norm. 

Regarding the demonstrated accountability principle the Superintendence reminded that the Constitutional Court emphasized the constitutional duty of properly manage and protect fields and databases containing personal data or socially relevant information. Besides, the Court stated that data treatment managers are mere temporary holders of personal data that must comply with the duty of properly and legally manage people’s information. 
 

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