Can the government see WhatsApp Colombia? Nestor H Martinez’s warning

Néstor Humberto Martínez, a former prosecutor, warns of the consequences an article from the Gustavo Petro government’s National Development Plan will have. In his EL TIEMPO column, he reveals what will happen to the WhatsApp application.

(Read the full column: And now, Colombia without WhatsApp?).

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In particular, Martínez analyzed article 113, which according to the Communications Regulatory Commission (CRC) can “request all kinds of comprehensive and truthful information, from providers of communication networks and services and from those who offer services via the Internet, video-on-demand , video sharing user-generated services provided through the platform, and services for exchanging interpersonal, live, or interactive messages, videos, or online messages,” he said.

After consulting with experts, the former prosecutor confirmed that CRC would have the ability to “require messaging applications, such as WhatsApp, Telegram or Signal, to transmit confidential information” of their users.

It means, can view the “contents of written text, video calls, and verbal messages,” says Martínez.

(Also: David Luna warns about PND articles that would violate digital privacy).

The article also stipulates that those who do not provide information can receive a fine of up to 250 of the current monthly minimum wage, “for each day they engage in this behavior.”

For Martínez, the article was a “monster”. If approved by the Republican Congress, he believes WhatsApp could leave Colombia, leaving 40 million users without service.

In support, he cited WhatsApp and Signal’s rejection in the UK before similar legislation: “Representatives have warned they will leave the UK if current legislative reforms are approved, ‘instead of undermining the trust people place in us to provide the right means of communication. -really private'”.

What does CRC say about the article in question?

The Communications Regulation Commission (CRC) has ruled on articles of the National Development Plan, denying that it may have extraordinary powers.

“Requests for personal and sensitive information from users of digital platforms are never considered,” they said in a press release.

(In context: ‘The National Development Plan has never considered asking for personal information’).

According to the CRC, with this article they seek to broaden the scope of information in certain cases. For example, they may request “aggregated data about users or subscribers, revenue, plans, contract terms, and traffic” among other things (how many calls were made, how many messages were sent, and how many GB were used through the service).

Besides that, they insist that they respect and uphold the privacy rights of Colombiansembodied in the Political Constitution.

You can also read:

– Eduardo Zapateiro, general (right), clarifies his position in the coup against Petro.

– Commander Transit Cundinamarca left after a strong complaint from the governor.

– They reveal how ‘Black Ober’ lives in his new prison, he is desperate.

– Álvaro Uribe sends a warning if President Petro’s pension reform is approved.

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Elena Eland

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