The Superindustry determined that the Information Treatment Policy (PTI) of the platform is not in accordance with the Colombian standard of Habeas Data and handling of personal data.
This Wednesday, the Superintendency of Industry and Commerce (SIC) issued a mandatory order to the company WhatsApp LLC “to implement measures in accordance with the Colombian standard in terms of Habeas Data and due treatment of personal data.”
The authority determined that the Information Treatment Policy (PTI) of the messaging platform 57.89% fails to comply with the requirements demanded by Colombian regulations in this matter.
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It also established that WhatsApp does not comply with 75% of the requirements established in article 12 of Statutory Law 1581 of 2012. This article indicates that when requesting the owner the authorization of the processing of their data to a user, they must Clearly inform about said treatment , its purpose, the rights that assist you and the identification of the person in charge.
Specifically, the SIC ordered WhatsApp LLC three actions:
- Create an Information Treatment Policy (PTI) that meets all the requirements required by Colombian regulations. This must be made known to the holders of the data domiciled or resident in Colombia.
- Implement an “appropriate, effective and demonstrable mechanism or procedure” so that, when requesting authorization from people, they are informed of everything that is ordered by article 12 of Statutory Law 1581 of 2012. The company must keep proof of compliance with the provisions of said article and deliver a copy if the owner of the data requests it.
- Register your databases related to the information collected or processed by Colombia in the National Registry of Databases (RNBD), administered by the SIC.
According to the entity, failure to comply with these orders leads to disciplinary administrative investigations that can generate fines of up to 2,000 current legal minimum wages or the eventual suspension of WhatsApp activities in Colombia.
The decision came days after WhatsApp’s new privacy policy went into effect, an update that created confusion in early 2021.
We suggest you read: WhatsApp: your new policy starts on May 15, what changes?
The main changes have to do with the way in which businesses can use the services hosted on Facebook (owner of WhatsApp).
