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LAW 1273 OF 2009

(January 5)
Official Gazette No. 47,223 of January 5, 2009
CONGRESS OF THE REPUBLIC
Through which the Penal Code is modified, a new protected legal asset is created - called “de la
protection of information and data ”- and the systems that use the
information and communication technologies, among other provisions.
THE CONGRESS OF COLOMBIA
DECREE:
ARTICLE 1. Add the Penal Code with a Title VII BIS called “On the Protection of the
information and data ”, of the following tenor:
CHAPTER I
Of the attacks against the confidentiality, integrity and availability of data and
information systems
Article 269A : Abusive access to a computer system . <See Editor's Notes> Whoever, without authorization or by
outside of what was agreed, access in whole or in part to a computer system protected or not with a measure of
security, or is kept within it against the will of whoever has the legitimate right to
exclude it, will incur a prison sentence of forty-eight (48) to ninety-six (96) months and a fine of 100 to
1,000 monthly legal minimum wages in force.
Editor's Notes
Article 269B : Illegitimate obstruction of the computer system or telecommunication network. The one who, without being
empowered to do so, prevents or hinders the normal operation or access to a computer system, to the
computer data contained therein, or to a telecommunications network, will incur a prison sentence of forty-five
eight (48) to ninety-six (96) months and a fine of 100 to 1000 legal monthly minimum wages in force,
provided that the conduct does not constitute a crime punishable by a higher penalty.
Article 269C : Interception of computer data . Whoever, without a prior court order, intercepts data
information technology at their origin, destination or inside a computer system, or electromagnetic emissions
from a computer system that transports them will incur a prison sentence of thirty-six (36) to
seventy-two (72) months.
Article 269D : Computer Damage . Whoever, without being empowered to do so, destroys, damages, deletes, deteriorates, alters or
delete computer data, or an information processing system or its logical parts or components,
will incur a prison sentence of forty-eight (48) to ninety-six (96) months and a fine of 100 to 1,000
current legal monthly minimum wages.
Article 269E : Use of malicious software . Whoever, without being authorized to do so, produces, traffics, acquires,
distributes, sells, sends, introduces or extracts from the national territory malicious software or other programs
computation of harmful effects, will incur a prison sentence of forty-eight (48) to ninety-six (96)
months and a fine of 100 to 1,000 legal monthly minimum wages in force.
Article 269F : Violation of personal data . He who, without being empowered to do so, for his own benefit or for a
third party, obtain, compile, subtract, offer, sell, exchange, send, buy, intercept, disclose, modify
or use personal codes, personal data contained in files, archives, databases or media
similar, will incur a prison sentence of forty-eight (48) to ninety-six (96) months and a fine of 100
to 1000 monthly legal minimum wages in force.
Article 269G : Impersonation of websites to capture personal data . The one who with an illicit object and without being
empowered to do so, design, develop, traffic, sell, execute, schedule or send electronic pages, links
or pop-up windows, will incur a prison sentence of forty-eight (48) to ninety-six (96) months and in
fine of 100 to 1,000 legal monthly minimum wages in force, provided that the conduct does not constitute
offense punishable by a more serious penalty.
Anyone who modifies the domain name resolution system will incur the same penalty, in such a way
that makes the user enter a different IP in the belief that they access their bank or another personal site or
of trust, provided that the conduct does not constitute a crime punishable by a more serious penalty.
The penalty indicated in the two previous paragraphs will be aggravated by one third to one half, if to consummate it
the agent has recruited victims in the crime chain.
Article 269H : Circumstances of punitive aggravation : The penalties imposed in accordance with the articles
described in this title, will be increased from half to three-quarters if the conduct is committed:
1. On networks or computer systems or state or official communications or the financial sector,
nationals or foreigners.
2. By public servant in exercise of his functions.
3. Taking advantage of the trust placed by the owner of the information or by whoever has a link
contractual with it.
4. Revealing or disclosing the content of the information to the detriment of another.
5. Obtaining profit for himself or for a third party.
6. For terrorist purposes or generating risk to national security or defense.
7. Using a third party in good faith as an instrument.
8. If the person who incurs these conducts is responsible for the administration, management or control of said
information, it will also be imposed for up to three years, the penalty of disqualification for the exercise of profession
related to information systems processed with computer equipment.
CHAPTER II
Of the computer attacks and other infractions
Article 269I : Theft by computer and similar means . The one who, overcoming security measures
perform the conduct indicated in article 239 manipulating a computer system, a network of
electronic, telematic or other similar means, or impersonating a user before the systems of
authentication and authorization established, will incur the penalties indicated in article 240 of this Code.
Article 269J : Non-consensual transfer of assets . The one who, for profit and making use of some
computer manipulation or similar artifice, achieve the non-consensual transfer of any asset in
detriment to a third party, provided that the conduct does not constitute a crime punishable by a more serious penalty, it will incur
in prison terms of forty-eight (48) to one hundred twenty (120) months and a fine of 200 to 1,500 salaries
current monthly legal minimums. The same sanction will be imposed on whoever manufactures, introduces, possesses or
provide computer program intended for the commission of the crime described in the previous paragraph, or of a scam.
If the conduct described in the two previous paragraphs has an amount greater than 200 legal minimum wages
monthly, the penalty indicated there will be increased by half.
ARTICLE 2. Add to article 58 of the Penal Code with a number 17, as follows :
Article 58 . Circumstances of greater punishment . They are circumstances of greater punishment, as long as there are no
been foreseen in another way:
(...)
17. When, in order to carry out the punishable behaviors, computer, electronic or
telematics.
ARTICLE 3. Add to article 37 of the Code of Criminal Procedure with a number 6, as follows :
Article 37 . Of the Municipal Judges . Municipal criminal judges know:
(...)
6. Of the crimes contained in title VII Bis.
ARTICLE 4. This law governs from its promulgation and repeals all provisions that may be applicable to it.
contrary, especially the text of article 195 of the Penal Code.
The President of the honorable Senate of the Republic,
HERNÁN ANDRADE SERRANO.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMÓN OTERO DAJUD.
The Speaker of the honorable House of Representatives,
GERMÁN MALE COTRINO.
The Secretary General of the honorable House of Representatives,
JESÚS ALFONSO RODRÍGUEZ CAMARGO.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
Be published and enforced.
Given in Bogotá, DC, on January 5, 2009.
ÁLVARO URIBE VÉLEZ
The Minister of the Interior and Justice,
FABIO VALENCIA COSSIO.
<Consult rule in SUIN JURISCOL: http://www.suin.gov.co/viewDocument.asp?ruta=Leyes/1676699>

Provisions analyzed by Avance Jurídico Casa Editorial Ltda. ©
"Laws since 1992 - Express Effectiveness and Constitutional Judgments"
ISSN [1657-6241 (Online)]
Last update: May 04, 2021 - Official Gazette April 26, 2021 (51,657)

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