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In its decision, the regulatory body orders the company to eliminate information because it goes against the norm that protects the personal data of users.
Further, states that the penalty for Sodimac is just over 200 million pesos. This, because it was found that the company “through its Homecenter stores collects customer data without obtaining prior, express and informed authorization from them.” (see also: They extend the payroll subsidy with an additional for those who hire women)
The SIC also explained that the decision, which was made through Resolution 59001 of September 24, 2020, arose on the occasion of a citizen complaint by which the management [email protected] They sent him a message requesting his authorization with the following sentence:
“When I do not click on the ‘I ACCEPT’ option, I authorize Sodimac Colombia SA as stated in the PRIVACY NOTICE displayed in each of the HOMECENTER stores and BUILDER (…). ”.
Based on this, the regulatory body specifies that the “privacy notices” do not amount to prior authorization by users.
“They do not amount to the prior, express and informed authorization required by law to collect and use citizen data. The SIC recalled that Colombian regulation expressly prohibits the use of “misleading or fraudulent means to collect and process personal data,” the Superintendency clarifies in its decision.
In addition to this, the SIC orders Homecenter:
- Stop using “privacy notices” as a mechanism to obtain authorization
- Delete all the personal data that you have obtained with the sole use of “privacy notices” as a mechanism to obtain people’s consent.
The company can file a motion for reconsideration and appeal.
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