Contributor: Juan de Brigard
Organization: Independent Researcher
Chapeau:
Colombia’s national ID system is something that has not been in the democratic discourse as it is the National Registry who has advanced it. Multiple avenues like laws, decrees and other forms of regulation are utilized to regulate National ID in Colombia and vary due to various hierarchies (?in the federal government, or the state government?). Modern digitization of national ID leads to digitization of the fingerprint registers in 2005, even those of under 18 starting in 2008. There have been some judicial decisions made based on the matter.
Category 1: Stock of legislation / current regulation on digital ID
Last updated: [date researcher submitted or last updated]
1.1. Which are the specific laws creating and regulating Digital ID and what is their hierarchy (constitutional, organic laws, regional/sub-state laws, regulations, procedures)?

• Colombia has a citizenship card that is also known as “cédula de ciudadanía” for Colombian nationals over 18. It used to be the way to identify voters implemented in 1929. Then in 1961 the citizenship card became a way to legally claim your identity to the state. States most of the regulations have been done through decrees, CONPES documents (CONPES 2704 of 1994, 2822 of 1995 and 3323 of 2004) and there are also administrative acts that are through the Registraduría Nacional del Estado Civil.
• The legislative development of the right to a legal identity in Colombia has been scattered and sparse. Some laws that have passed have been: Law 43 of 1993, which regulates Colombian nationality (maybe need more detail?) and Law 220 of 1995 – blood type is required to be included in the national ID card. However, most of the regulation has consisted of decrees, CONPES documents which are semi-bonding public policy instruments, and mostly administrative acts. Since the creation of the current constitution in 1991, the National Registry Authority has been in charge of the legal identity of individuals.

1.2. What is the definition of Digital Identity brought by the Law or regulation, if any?
There does not seem to be any definition that is used according to what is reported in the document

1.3. Which are the corresponding Data Protection laws, if existing?
In terms of data protection, there is 1581 of 2012 that states no authorization is required to process data related to Civil Registry. There is a general principle of limitation of purpose that should be contemplated with biometric data and is being disregarded(?). But nothing else is indicated in the original document.
1.4. What are the main elements of the Digital ID framework (scope, eligibility criteria, remedies)?
It doesn’t seem like anything is reported.
1.5. Are there specific complaint mechanisms foreseen in the Digital ID and Data Protection laws?
There are no complaint mechanisms for citizens other than general legal tools. The digitization of the Colombian national ID system hasn’t been subject to democratic discussion since the National Registry Authority is the one advancing it.
1.6. Was public participation ensured when these were drafted and enacted? How?
None that was reported in the document
1.7. Was there a Human Rights Impact Assessment prior to the enactment of the laws?
No, there is no known Human Rights Impact Assessment.
1.8. Does the country’s Digital ID framework reflect any particular digital ID model existing elsewhere (e.g., similar/comparable to X country)?
None that is reported.
1.9. What is the interrelation of these Digital ID laws with existing nationality laws (does Digital ID reflect nationality status, is nationality an eligibility criterion or only legal residence)?)
National ID card is something all Colombian nationals get.
1.10. Court cases: Is there litigation going on? Has there been prior litigation? What are the specifics of those cases (list and summarize)?
No, there is no litigation. There is only a sentence (?) by the constitutional court (?) that says that only the legislative branch is the one who has the power to determine national ID documents because it implies regulation of a fundamental right.
1.11. How has Digital ID been rolled out?
See explanation in 1.1
1.12. Has there been any special measures to ensure access for vulnerable and isolated communities (e.g., for PwD, minorities, elderly) such as mobile offices or free legal aid? Are those measures provided for in law?
There is no information available on this.