El hábeas data como fundamento de los procesos crediticios de las entidades financieras en Colombia

Abstract

Habeas Data in Colombia is conceived as a fundamental right of constitutional range, and also a legal action that allows people to gain control over the use of their personal information managed by natural or juridical person with a specific purpose regarding a contractual relationship, which includes clauses that consign the previous and informed authorization given and the objective for which the information was gathered, in order to demarcate the use and flow of the data according to the general regulation of personal data protection, and the specific by-law regarding financial, credit, commercial and service information. The objective of this paper is to highlight the view of Financial Entities towards the value of data in credit processes, for its integrity is conceived as a warranty, supporting the principle of public interest, with understanding that the entities that move the country’s economy have the right to take informed decisions, and with them, avoid risky credit operations conditio sine qua non to maintain the stability of the financial system.