Colombia. The Constitutional Court of Colombia announced adjustments related to the access of the national police to CCTV images, in which it determined that this task should be assigned to the judicial police when access to these CCTV is intended for "identification" or "judicialization" actions.
This access must have judicial authorization and in accordance with criminal procedural regulations and the principles governing the protection of personal data. In cases of flagrante delicto, judicial control may be carried out subsequently.
Likewise, it declared this authorization unconstitutional when it has as its purpose actions of "prevention" (term enshrined in article 48 of Law 2197 of 2022), due to the absolute indeterminacy of the measure, among other reasons.
However, the Court clarified that the Police will be able to continue accessing closed circuits of surveillance and private security, but with some adjustments by the Court.
Similarly, the Court clarified that "the closed circuits of surveillance and private security referred to in the provision demanded must be understood as referring to employees in the provision of surveillance and private security services, in the terms provided by Decree Law 356 of 1994 ("by which the statute of surveillance and private security is issued") and its regulations. Therefore, this attribution of competence in favor of the National Police does not include access to recordings made exclusively in the personal or domiciliary sphere.
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