The Superintendence of Industry and Commerce, as the Data Protection Authority, implemented an alternative dispute resolution mechanism between Controllers and Data Subjects.
SIC Facilita is a virtual tool where the Superintendence of Industry and Commerce acts as a facilitator so that Data subjects and Controllers reach agreements on claims the first one has. The mechanism is a virtual platform that works from any computer with internet access, entering the page of the Superintendence of Industry and Commerce - www.sic.gov.co - and selecting the SIC Facilita option.
All Data subjects in Colombia who have any inconvenience regarding Law 1266 of 2008 (sectorial personal data law) can file a claim directly or in a second instance if they did not have a satisfactory response from the Controller.
The benefits of the initiative are the following:
- Generate fast and effective solutions for Controllers of the Processing and Data subjects using technological tools.
- Savings in terms of time, human and financial resources that employers allocate to address disputes over the proper processing of Personal Data.
- Promote a culture of customer service or customer service through the prompt and effective solution of their claims.
- Avoid to the maximum the risks derived from the judicial/administrative solution of conflicts over the Data subject rights (duration of the processes, financial penalties, customer dissatisfaction).
- Increase the levels of satisfaction and trust of the Data subject with the company.
The dispute resolution mechanism has worked very well in practice. It has proven to be useful for the citizen (Data subject) since it has served to positively solve 80.79% of citizen requests. In other words, SIC Facilita served to resolve 4,785 citizen claims regarding violations of their rights as Data subjects.
Additionally, the response time to solve the case is 20 days on average. This is a much shorter time than the average (7 months) to resolve the case when an administrative process is initiated before the data protection authority (DPA).
In conclusion, SIC Facilita has been a fast (20 days) and effective (80.79%) conflict resolution mechanism to demand respect for the rights of the holders of personal data.
Example of a practical case of SIC Facilita by impersonation HERE