Highlight: telecoms and web entry in Colombia

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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 licence and registration necessities whatever the particular companies they supply.

Nonetheless, relying on the particular companies, sure particular necessities have to be complied with. Within the particular case of ISPs, they’re topic to obligations that usually don’t apply to different companies, equivalent to web site blocking necessities for web sites offering youngster pornography or web sites of unauthorised on-line playing operators, amongst others, which might be defined intimately beneath.

ii Common service

There are presently formidable 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 goal, the Nationwide Council on Financial and Social Coverage issued the coverage doc CONPES 4079 of 2022,¹³ the place it described the scope of the intervention of the federal government required to execute the next programmes:

1. ‘Enhance the affordability of web entry by connecting low-income households at inexpensive and sustainable charges in connection of low-income households at inexpensive and sustainable charges over time’; and
2. ‘Improve web connectivity service protection by means of free and public group web entry options’.

These programmes are based mostly on the premise that the areas of Orinoquía-Amazonia, and the archipelago of San Andrés, Providencia and Santa Catalina have poor provision of web companies as a result of these territories wouldn’t have the required protection to supply web companies with the standard required by the CRC.¹⁴

For the advance of web entry, the ICT Fund of the Ministry of ICT will finance the month-to-month contribution for fastened web entry, in addition to the social quota for a 5 Mbps web plan for every person.

The ICT Fund can even finance the supply of group Wi-Fi web entry within the aforementioned areas.

iii Restrictions on the supply of service

In precept, the costs that telecommunications service suppliers could cost customers should not topic to regulation, and there may be free competitors out there on this regard. Nonetheless, the CRC has established sure tariffs for particular companies, largely relevant to companies to be offered between operators.

For instance, the costs telecommunication companies and community suppliers could cost one another for sharing infrastructure for the supply 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 obligation applies solely to ISPs which might be licensed to supply radio spectrum for terrestrial cellular companies. This common requirement seeks to make sure the overall rules of non-discriminatory remedy, transparency, cost-based costs plus an inexpensive revenue and the promotion of free and truthful competitors within the ICT sector.

iv Privateness and knowledge safety

Concerning knowledge safety issues, the Colombian knowledge safety laws are structured as common laws, which means it applies typically to the processing of non-public knowledge whatever the applied sciences or sector of the financial system. These laws are in keeping with Choice 897 of the Andean Neighborhood.¹⁵

Moreover, Colombian knowledge safety regulation is closely consent-based. A knowledge controller should receive prior, express and knowledgeable consent from knowledge topics earlier than gathering and processing their private knowledge. This consent shall embody the outline of the processing to be made and the needs of stated processing. Subsequently, for telecommunication companies suppliers and networks suppliers, the consent shall embody all of the processing’s functions regarding the provision of the companies. The above-mentioned is important as Colombian regulation offers that, to the extent doable, the processing shall be restricted to the strictly wanted functions except authorised in any other case by the information topic (i.e., processing for advertising and marketing functions).

Understand that knowledge controllers should retailer proof of this consent and should have the ability to exhibit to the authority that the consent was granted by each one of many knowledge topics.

Solely in particular circumstances is that this authorisation not required, equivalent to data requested by authorities exercising their features or with a previous judicial order. Significantly relating to telecommunications, felony regulation offers that telecommunications interceptions can solely be made by Colombian prosecutors and shall request an approval of the interception earlier than a choose.

The regulation additionally establishes sure necessities for sharing private knowledge with third events, which embody, amongst different issues, the subscription of an information switch or transmission settlement, as applicable.¹⁶

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

Concerning prevention of kid pornography, each Legislation 679 of 2001 and Decree 1078 of 2015 set up that each one people should stop, block, fight and denounce exploitation, lodging, use, publication, distribution of pictures, texts, paperwork, audio recordsdata, improper use of world data networks, or institution of telematics hyperlinks of any variety, 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 world data networks from internet hosting:

1. pictures, texts, paperwork or audiovisual recordsdata on their very own website that immediately or not directly contain sexual actions with a toddler;
2. pornographic materials on the location, particularly within the type of pictures or movies, when there are indications that the individuals photographed or filmed are youngsters; 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 felony 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 youngsters from unlawful, offensive or undesirable materials regarding minors.

Moreover, ISPs should implement sure technical and administrative measures offered 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 may order the blocking of sure pages, in accordance with their colleges. For instance, the SIC, because the authority for shopper 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.