Highlight: telecoms and web entry in Colombia

An extract from The Expertise, Media and Telecommunications Overview, twelfth Version

Telecommunications and web entry

i Web and web protocol regulation

As established above on this chapter, Colombian telecommunications regulation operates on a common authorisation. Because of this nearly all telecommunications companies are topic to the identical license/registration necessities whatever the particular companies they supply.

Nevertheless, relying on the precise companies, sure particular necessities should be complied with. Within the particular case of ISPs, they’re topic to obligations that usually don’t apply to different companies, akin to web site blocking necessities for web sites offering baby pornography or web sites of unauthorised on-line playing operators, amongst others, which can be defined intimately under.

ii Common service

There are at the moment bold plans underneath the federal government, led by the ICT Ministry, to develop web protection to distant areas that historically didn’t have entry to web companies and canopy the final mile. For this function, the ICT Ministry created the ‘Executing and Connecting Plan’, which sought to carry Rural Digital Zones to a minimum of 300 rural areas of the nation. The plan aimed to put in free web connection factors in rural areas.

For this function, the Ministry invested greater than US$8.1 billion, which had been assigned to personal operators that had been answerable for the design and set up of the networks.

The Plan was overshadowed by corruption scandals, which delayed its operation. Nonetheless, the Ministry has introduced it is going to transfer ahead with its aim to develop web entry to all of the Colombian inhabitants.

iii Restrictions on the availability of service

In precept the costs that telecommunications service gives could cost customers will not be topic to regulation, and there may be free competitors out there on this regard. Nevertheless, the CRC has established sure costs lists for particular companies, principally relevant to companies to be supplied between operators.

For instance, the costs telecommunication companies and community suppliers could cost one another for sharing infrastructure for the availability of telecommunications companies, or the costs charged to 3rd events that want to entry their community are regulated by the CRC.

On this final regard, there’s a common obligation for telecommunications service suppliers in Colombia to permit interconnection of their networks and entry and use of their important services to different telecommunications operators that request it. This common requirement seeks to make sure the overall ideas of non-discriminatory remedy, transparency, cost-based costs plus an affordable revenue and the promotion of free and honest competitors within the ICT sector.

iv Privateness and knowledge safety

Relating to knowledge safety issues, the Colombian knowledge safety regulation is structured as common regulation, that means it applies on the whole to the processing of non-public knowledge whatever the applied sciences or sector of the economic system.

Moreover, Colombian knowledge safety regulation is closely consent–primarily based. An information controllers should get hold of prior, specific and knowledgeable consent from knowledge topics earlier than gathering and processing their private knowledge. This consent shall embrace the outline of the processing to be made and the needs of stated processing. Due to this fact, for telecommunication companies suppliers and networks suppliers, the consent shall embrace all of the processing’s functions in regards to the provision of the companies. The above-mentioned is critical as Colombian regulation gives that, to the extent doable, the processing shall be restricted to the strictly wanted functions except authorised in any other case by the info topic (i.e., processing for advertising functions).

Remember that knowledge controllers should retailer proof of this consent and should be capable of show to the authority that the consent was granted by every one of many knowledge topics.

Solely in particular instances this authorisation is just not required, akin to data requested by authorities exercising their capabilities or with a previous judicial order. Significantly concerning telecommunications, prison legislation gives that telecommunications interceptions can solely be made by Colombian prosecutors and shall request an approval of the interception earlier than a decide.

The regulation additionally establishes sure necessities for sharing private knowledge with third events, which embrace, amongst different issues, the subscription of a knowledge switch or transmission settlement, as acceptable.¹¹

Furthermore, as was talked about above, sure telecommunications service suppliers, akin to ISPs are topic to sure web site blocking obligations for web sites offering baby pornography or web sites of unauthorised on-line playing operators.

Relating to baby pornography, each Legislation 679 of 2001 and Decree 1078 of 2015 set up that every one people should stop, block, fight and denounce exploitation, lodging, use, publication, distribution of pictures, texts, paperwork, audio information, improper use of worldwide data networks, or institution of telematics hyperlinks of any form, when used to flow into materials that’s pornographic or alluding to sexual actions of minors.

Article 2.2.10.2.1. of Decree 1078, prohibits suppliers, servers, directors and customers of worldwide data networks from internet hosting: (1) pictures, texts, paperwork or audiovisual information on their very own website that straight or not directly contain sexual actions with a baby; (2) pornographic materials on the positioning, particularly within the type of pictures or movies, when there are indications that the individuals photographed or filmed are kids; and (3) hyperlinks on their very own website that include or distribute pornographic materials involving a minor.

In the identical line, Article 2.2.10.2.2. of the identical Decree, establishes an obligation for ISPs to: (1) report back to the competent authorities any prison act towards minors of which they’re conscious, together with the dissemination of pornographic materials related to minors; (2) fight with all technical means at their disposal the dissemination of pornographic materials involving minors; (3) chorus from utilizing world data networks to disseminate unlawful materials with minors; and (4) set up technical blocking mechanisms by which customers can shield themselves or their kids from unlawful, offensive or undesirable materials regarding minors.

Moreover, ISPs should implement sure technical and administrative measures supplied for in Articles 2.2.10.3.1 and a pair of.2.10.3.2. of Decree 1078 of 2015.

As for unauthorised luck and likelihood video games, Article 38 of Legislation 643 of 2001, establishes that the competent authorities, such because the Nationwide Police and Coljuegos, could order the blocking of internet-based luck and likelihood video games that don’t adjust to all the required necessities for his or her operation. Particularly, this contains internet-based video games that do have the required concession contract with Coljuegos.

Moreover, sure administrative authorities, in addition to judges and courts would possibly order the blocking of sure pages, in accordance with their schools. For instance, the Superintendence of Business and Commerce, because the authority for client safety and knowledge privateness issues, has issued orders inside administrative investigations and in exercising its statutory powers, ordering telecommunication suppliers to dam web sites that breach the relevant regulation in these issues.