Yes, hidden cameras in private homes are legal in Colombia under strict privacy and consent conditions, but misuse violates constitutional rights and criminal statutes.
The Constitutional Court’s Sentencia C-291/15 and Ley 1581/2012 (Data Protection Law) govern surveillance, while Decreto 1377/2013 regulates audio-visual capture. Unauthorized recording in private spaces (e.g., bathrooms, bedrooms) constitutes a violation of Article 15 of the Constitution and may trigger Article 197 of the Penal Code (unlawful interception of private communications), punishable by 4–8 years imprisonment. Employers installing cameras in worker residences (e.g., domestic staff quarters) must comply with Ministerio del Trabajo Resolution 2404/2019, requiring explicit written consent and proportionality.
Key Regulations for Hidden Cameras in Your Home in Colombia
- Consent Requirement: Recording in private areas (e.g., bathrooms, bedrooms) is prohibited without prior informed consent from all occupants. Article 15 of the Constitution and Ley 1581/2012 mandate this.
- Proportionality Principle: Cameras in shared spaces (e.g., living rooms) must not exceed necessary surveillance. Decreto 1377/2013 enforces this under data minimization rules.
- Criminal Liability: Unauthorized recording in intimate spaces (e.g., changing rooms) falls under Article 197 of the Penal Code, with penalties escalating for dissemination (e.g., Article 219 on defamation).