Octopus Cybercrime Community

Colombia does not have an independent or specific legislation to punish cybercrime. The legal framework to punish crimes committed through the use of technology and information systems is contained primarily in the Criminal Code and other laws nationwide.

The offenses related to the use of information and communication technologies that are sanctioned and punished under the substantive criminal law of Colombia are the following:

• Illegal access to an information system protected or not with a security measure (Art. 269 A of the Criminal Code)
• Illegitimate obstruction of a computer system or telecommunications network (Art. 269 B of the Criminal Code)
• Interception of computer data from or within a computer system (Art. 269 C of the Criminal Code)
• Destruction, damage, deletion, alteration or suppression of computer data or information processing systems (Art. 269 D of the Criminal Code)
• Production, trafficking, procurement, distribution, sale, sending, introduction to or removal of malware within national territory (Art. 269 E of the Criminal Code)
• Obtaining, compiling, removing, offering, selling, exchanging, sending, buying, intercepting, disclosing, modifying or using personal codes, personal data contained in files, archives or databases for one’s benefit or for the benefit of a third party (Art. 269 F Criminal Code)
• Impersonation of websites to capture personal data (Art. 269 G of the Criminal Code)
• Aggravating circumstances when the conduct is committed through computer systems or networks or state or official communications pertaining to the domestic or foreign financial sector, among other aggravating circumstances (Art. 269 H of the Criminal Code)
• Theft through the manipulation of  an  information system or electronic or telematic system network and impersonating a user in order to establish authentication and authorization (Art. 269 I of the Criminal Code)
• Unauthorized transfer of any assets to the detriment of a third party and to manufacture, introduce, possess or facilitate computer programs destined to the commission of a crime (Art. 269 J of the Criminal Code)
• Publication without the prior express permission of the copyright owner including computer programs or software (Art. 270 of the Criminal Code)
• Violation of copyright by any means including economic rights (Arts. 270, 271 and 272 of the Criminal Code)
• Unlawful access of communications (Art. 192 of the Criminal Code)
• Offering, selling or purchasing devices to intercept private communications of individuals (Arts. 193 of the Criminal Code)
• Unlawful access of communications or official correspondence (Art. 196 of the Criminal Code)
• Unlawful use of communications networks, including for terrorist purposes (Art. 197 of the Criminal Code)
• Sabotage or damage to tools, databases, software, facilities and equipment (Art. 199 of the Criminal Code)
• Photographing, filming, recording, producing, disclosing, offering, selling, purchasing, possessing, carrying, storing, transmitting or displaying or sharing child pornography by any means for personal use, including feeding Internet databases with or without profit. (Art. 218 of the Criminal Code)
• Promotion of tourism activities that include the sexual exploitation and use of children. (Art. 219 of the Criminal Code)
• Use or facilitation of communications media to provide sexual activity with persons under the age of 18, including the use of Internet, telephony or any other communication medium (Art. 219-A of the Criminal Code)
• Failure to report illicit conduct provided under the Criminal Code, when, by virtue of someone’s position or activity, that person has detailed knowledge of the use of minors, and fails to inform the competent administrative or judicial authorities about such facts. (Art. 219-B of the Criminal Code)
• Providing access or illegal use of telecommunications services with the intention to profit as well as accessing, leasing, selling or using the network or any of the telecommunications services without the corresponding authorization (Art. 257 of the Criminal Code)
• Prohibitions to providers, servers, administrators and users of global networks of hosting information and content related to child pornography (Arts. 7 and 8 Law 679 of August 4, 2001 through which a Statute is issued to prevent and counter the exploitation, pornography and sexual tourism with children).

• Interception of phone communications and other similar communications, whose information may be of interest for the purposes of the investigation. (Art. 235 of the Code of Criminal Procedure)
• Search and seizure of computer systems and servers and physical storage media, in order to enable computer forensic experts to discover, collect, analyze and preserve the information retrieved. (Art. 236 of the Code of Criminal Procedure)
• Legality of the hearings of the search and seizure, interception of communications or information retrieval left by browsing the Internet or other similar means (Art. 237 of the Code of Criminal Procedure)
• Selective search in databases by the judicial police that involves access to confidential information relating to a defendant (Art. 244 of the Code of Criminal Procedure)
• Powers of the Attorney General to order searches, seizures and interceptions of communications and to present the Constitutional Judge (Juez de Garantias) the evidence collected for judicial review within 36 hours, as well as securing material evidence and evidence ensuring the physical chain of custody while waiting for his Judgement. (Art. 114 of the Code of Criminal Procedure)
• Procedures and methodology for conducting the chain of custody (Art. 254-266 of the Code of Criminal Procedure)
• Using data messages, EDI, internet, e-mail, telegram, telex, telefax or similar means as material and physical evidence (Art. 275 g) of the Code of Criminal Procedure)

The protection of human rights and safeguards under the legislation of Colombia are the following:

• Due judicial process and non-retroactivity of criminal law (Art. 6, 10 of the Code of Criminal Procedure and Arts. 28, third paragraph, 29, 86 and 87 National Constitution of Colombia)
• Right to respect of freedom and right to apply for habeas corpus in cases of illegal deprivation of liberty (Art. 2 Code of Criminal Procedure and Art. 30 of the National Constitution of Colombia)
• Right to inviolability of the home (Art. 28 National Constitution of Colombia)
• Right to self-defense (Arts. 8 and 290 Code of Criminal Procedure)
• Rights of the accused parties (Art. 303 Code of Criminal Procedure)
• Victims' rights (Art. 11 Code of Criminal Procedure)
• Right to personal and family privacy, private life and to rectify the information of an individual collected in databases and records of public and private entities (Art. 14 Code of Criminal Procedure and Art. 15 of the National Constitution of Colombia)
• Inviolability of correspondence and of private communication forms, and interception and seizure of records through a judicial order (Art. 15 National Constitution of Colombia).
• The right to freedom of expression and to disseminate thoughts and opinions and to transmit and receive truthful and impartial information. (Art. 20 of the National Constitution of Colombia)
• Right to request extradition (Art. 35 of the National Constitution of Colombia).

The following laws contain related provisions with offenses committed through computer systems and Internet, as previously mentioned in the sections on substantive and procedural law:

Colombia’s Political Constitution

http://www.secretariasenado.gov.co/index.php/constitucion-politica

Penal Code

http://perso.unifr.ch/derechopenal/assets/files/legislacion/l_20130808_01.pdf

Criminal Procedural Code (Law 906 of 2004)

http://www.secretariasenado.gov.co/senado/basedoc/ley_0906_2004.html

Law 679 of 2001, refering to the prevention and fight againt exploitation, pornography and sexual turismo with minors, in relation to article 44 of the Constitution

http://www.oas.org/juridico/spanish/cyb_col_ley_679_2001.pdf