A/75/123
protection and enjoyment of human rights on the Internet, as well as General
Assembly resolutions 68/167 and 69/166 on the right to privacy in the digital age, to
guarantee full respect for human rights, including the right to freedom of expression.
For example, in Unifying Judgment No. SU-420 of 2019, the Court determined
that, in Colombia, freedom of expression applies to the Internet in the same way as it
does to other communications media, concluding that social networks cannot ensure
a place for defamation; that, although it is not possible to make the publication of
content subject to prior permission or authorization, the fact that freedom of
expression has a certain priority status does not mean that it is without limits; and
that, accordingly, anyone who exercises this right is subject to the consequences
which arise from any impact on third parties.
For its part, the Commission for the Regulation of Communications issued
decision No. 5111 of 2017, whereby it established the scheme for the protec tion of
the rights of users of communications services, amended part II, chapter 1, of its
decision No. 5050 of 2016 and set forth other provisions. Under the scheme for the
protection of the rights of users of communications services, network and
telecommunications service providers are required to use appropriate technological
tools to prevent fraud within their networks and to verify periodically the
effectiveness of these mechanisms. If a user submits a request, complaint, claim or
appeal related to a case of alleged fraud, the provider must investigate it.
In order to identify the legal and regulatory reforms necessary to pro mote digital
security and capacity-building, the new digital trust and security policy provides for
the conduct of an assessment to determine which instruments require adjustments in
areas such as: (a) ICT security; (b) protection and defence of privacy, f reedom of
expression and other human rights online; (c) responsible reporting of vulnerabilities;
(d) data protection; (e) consumer protection; (f) risk and incident management;
(g) incident response centres or other related entities; and (h) establishment of
sectoral computer security incident response teams. This assessment will take into
account the various stakeholders and will determine how the necessary adjustments
will be made.
In line with the recommendation that States should take appropriate meas ures
to protect their critical infrastructure from ICT threats, Colombia is seeking to
develop, through coordination with the various relevant stakeholders, a critical
infrastructure security and defence plan for the ICT sector, setting forth general
guidelines for organizations in the sector. This document will be an initial step
towards strengthening and coordinating efforts to pr otect such infrastructure.
Colombia engages in international cooperation and responds to requests from
other States to mitigate malicious ICT activities. For example, on 16 March 2020 it
acceded to the Convention on Cybercrime. It has also taken steps to ensure the
integrity of the supply chain so that end users can have confidence in the security of
ICT products.
With regard to the responsible reporting of ICT vulnerabilities and the sharing
of associated information on available remedies for such vuln erabilities in order to
limit and possibly eliminate potential threats to ICTs and ICT-dependent
infrastructure, the new digital trust and security policy provides for the establishment
of a procedure to promote responsible reporting of vulnerabilities in the information
systems and technological infrastructure of State entities so that they can be remedied
by the relevant entity.
In addition, the national Government, through National Council for Economic
and Social Policy document No. 3854 of 2016, issued guidelines for the establishment
of computer emergency response teams and cybersecurity incident response teams.
20-08285
19/84
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