On August 6, the Superintendence of Industry and Commerce (“SIC”) imposed a fine of COP $190,547,400 on a consulting company that owns an application for validating money laundering and terrorism financing risks (“LA/FT”). Additionally, the SIC ordered the suspension of its personal data processing activities due to improper handling of information.
The platform of the sanctioned company enables users in the transportation sector to query and verify risks associated with other sector participants, particularly drivers.
In the press release issued by the SIC, it was determined that the company had created a database with negative reports about cargo drivers, which violated their right to habeas data and created a discriminatory factor that prevented them from accessing job opportunities. Furthermore, the SIC found that the company had processed sensitive data without obtaining prior authorization from the data subjects.
This sanction underscores the importance of adhering to the general principles for data processing established in Law 1581 of 2012 when implementing consultation tools. Although the information contained in lists for preventing LA/FT is public, its use must comply with the principles of legality, accuracy, and transparency.