Article 15
Official text
All individuals have the right to personal and family privacy and to their good reputation, and the State has to respect them and to make others respect them. Similarly, individuals have the right to know, update, and rectify information collected about them in data banks and in the records of public and private entities.
Freedom and the other guarantees approved in the Constitution shall be respected in the collection, processing, and circulation of data.
Correspondence and other forms of private communication may not be violated. They may only be intercepted or recorded on the basis of a court order in cases and following the formalities established by statute.
For tax or legal purposes and for cases of inspection, the oversight and intervention of the State may demand making available accounting records and other private documents within the limits provided by statute.
Legal commentary
Interpretation
This article establishes privacy rights, reputation protection, and habeas data (data protection). Colombia was a pioneer in constitutionally recognizing data protection rights, later developed by Law 1581 of 2012 (similar to GDPR). The judicial warrant requirement for interceptions contrasts with US Fourth Amendment jurisprudence post-9/11. Legislative Act 2/2003 modified this article to allow warrantless interceptions in terrorism cases, subject to subsequent judicial review.
Consulted sources
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