El “habeas data” en las empresas privadas crediticias de Colombia y su aplicación frente al manejo de la información de las personas naturales

Abstract

The "Habeas Data" is a fundamental right inherent to the people, established in Colombia in the Political Constitution of 1991, Article 15, considered a right to attend all people to know, update and rectify information that they have recorded in databases and files of public and private entities. On December 31, 2008 was published the Statutory Law 1266 of the same year, through which regulates the handling of information in personal databases, especially the financial, credit, trade and services, constituting the law which regulates the "Habeas Data" in Colombia. Among the Political Constitution of 1991 and the Law 1266 of 2008, was the Constitutional Court which laid the legal foundations, through case law, which governs the right during this period that people have to know, update and rectify information that they have recorded in databases, the right of "Habeas Data". The legal dispute that this right has in the handling of personal information of these, generates an interesting clash between the right that every person has as such and within his family scope and the right that the financial sector has, to meet the credit information that is, to know when a person has fulfilled its obligations or not. Aspect that makes the Constitutional Court as discussed in this paper.