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The Superintendency of Industry and Commerce (SIC) issued a mandatory order to Daniel Samper Ospina so that “Do not violate the rules on data protection of children and adolescents (NNA) again”.
(You may be interested: Former President Ernesto Samper denounces that his Facebook was hacked)
This, with regard to the case that began a few months ago against the journalist for the use of an image of the children of President Iván Duque in a publication on his social networks. In the photograph, the three minors appeared next to a board game launched by Samper Ospina.
Specifically, the SIC ordered the journalist and youtuber, on the one hand, “refrain from trying personal data of minors (images) for marketing or advertising purposes without having obtained prior, express and informed authorization of their legal representatives “.
(Also: The SIC order against Google for breaching data protection)
And on the other, “publish on your official Twitter account and during the same term that advertised the product (19 hours), all the conclusions and the operative part of the decision of this authority“.
The publication in question was made in the midst of the scandal caused last February by the use of an Air Force plane to transport the First Lady, María Juliana Ruiz, her three children and eight other guests to attend the birthday party. of one of the President’s daughters in the Panaca theme park, located in Quindío.
(In context: The millionaire fine that Daniel Samper could have to pay for trill)
At that time, after learning about the process opened to him by the SIC, Samper Ospina explained through a series of tweets that the publication “served as memes and not as an effective advertising campaign “and that its purpose “was to talk about the unlawful use of the presidential plane to go to Panaca (not to sell the game in Panaca)”.
The journalist recognized, however, that it was a reckless act, which is why he apologized and deleted the publication 19 hours later – as the SIC points out this Friday.
On that occasion, the columnist also assured that “the company that owns the game certifies that not a single board game was sold in that period” and that he did not obtain “any economic benefit derived from that Send“.
(In addition: ‘Very careful with causing crowds’: Duque)
The reasons for the SIC
In its statement this Friday, the SIC explains that the decision to issue the order “was made through resolution 57093 of September 17, 2020, after concluding that Mr. Daniel Samper Ospina processed the personal data of three (3) minors for commercial or marketing purposes“.
According to that entity, “for 19 hours it spread on the social network Twitter a photo of the minors that it used as part of an advertising piece to sell one of its products (board game), without the prior authorization of the legal representatives of minors “.
It indicates that it took into account that the journalist himself “publicly acknowledged his mistake, but specified that Said repentance does not eliminate the illegality of the conduct, nor the competence of this authority to fulfill its functions regarding the processing of personal data of children and adolescents.“.
(Read also: The fight between Daniel Samper Ospina and the Liberal Party)
And he recalled that article 2 of the United Nations Convention on the Rights of the Child, the Political Constitution of Colombia and Statutory Law 1581 of 2012 order “to respect and guarantee the rights of minors in a preferential and prevalent manner, as well as as the duty to have express authorization of the use of data of minors “.
However, he clarified that The appeal for reconsideration and appeal proceeds against its decision, within ten (10) days following the notification procedure..
At the moment, Samper Ospina has not commented on this SIC decision, but it should be remembered that last March, when the start of the case was announced, he criticized the investigation stating that Andrés Barreto, superintendent of Industry and Commerce, is a personal friend of the President Iván Duque.
(We suggest: Court orders President Duque to be impartial in Uribe case)
“The superintendent, a close friend of Duque, uses his power to open an investigation that can lead to a fine whose limits can be 1,800 million pesos,” the journalist wrote at that time on his Twitter account.
ELTIEMPO.COM
