Key Benefits:
LAW 1288 OF 2009
(March 5)
Official Journal No. 47,282 of 5 March 2009
CONGRESS OF THE REPUBLIC
C-913-10 >
By means of which rules are issued to strengthen the legal framework that allows organizations, which carry out intelligence and counterintelligence activities, to fulfill their constitutional and legal mission, and other provisions.
COLOMBIA CONGRESS
DECRETA:
GENERAL PRINCIPLES.
ARTICLE 1o. OBJECT AND SCOPE. C-913-10 >This law aims to strengthen the legal framework that allows agencies that carry out intelligence and counterintelligence activities to properly fulfill their constitutional and legal mission. establishing the limits and purposes of their activities, the principles governing them, the control and supervision mechanisms, the regulation of their databases, the protection of their members, the coordination and cooperation between their bodies and the duties of collaboration between public and private entities among other provisions.
ARTICLE 2o. DEFINITION OF THE INTELLIGENCE AND COUNTERINTELLIGENCE FUNCTION. C-913-10 >The intelligence and counterintelligence function is that which is developed by specialized agencies of the State, of the national order, dedicated to planning, gathering, processing, analysis and dissemination of information necessary to defend human rights, prevent and combat threats, internal or external, against democratic coexistence, national security and defense, and other purposes stated in this law.
ARTICLE 3o. AGENCIES CARRYING OUT INTELLIGENCE AND COUNTERINTELLIGENCE ACTIVITIES. C-913-10 >Agencies carrying out intelligence and counterintelligence activities . Intelligence and counterintelligence are carried out by the Military Forces and the National Police, regulated by the Armed Forces for this purpose; the Administrative Department of Security (DAS) and the Information and Analysis Unit Financial (UIAF). These fulfil their role through basic and specialised operations, using either human or technical means. These agencies make up the intelligence community and are the only ones authorized to develop intelligence and counterintelligence work in the field of national security and defense.
ARTICLE 4. LIMITS AND PURPOSES OF INTELLIGENCE AND COUNTERINTELLIGENCE ACTIVITY. C-913-10 >Intelligence and counterintelligence activities will be limited in their exercise to respect for human rights, to strict compliance with the Constitution, law, International Humanitarian Law, and in particular adherence to the principle of the legal reserve, which guarantees the protection of rights to honor, good name, personal and family intimacy and due process.
No information for intelligence and counterintelligence purposes may be obtained for purposes other than:
(a) Ensure the achievement of the essential ends of the State, the validity of the democratic regime and the security and defense of the Nation, and prevent threats against persons residing in Colombia and Colombian citizens at all times and place;
b) Protecting the population and democratic institutions from threats such as terrorism, drug trafficking, kidnapping, trafficking in arms, ammunition, explosives and other related materials, laundering of assets, and other threats of the same nature.
In no case will information for intelligence and counterintelligence purposes be collected, processed or disseminated for reasons of gender, race, national or family origin, language, religion, political or philosophical opinion, membership of a trade union, social or human rights organisation, or to promote the interests of any political party or to affect the rights and guarantees of opposition political parties.
ARTICLE 5o. PRINCIPLES OF INTELLIGENCE AND COUNTERINTELLIGENCE ACTIVITY. C-913-10 >In the development of intelligence and counterintelligence activities, the following principles will be strictly observed and at all times:
Principle of Need: Intelligence and counterintelligence activities must be necessary to achieve the desired constitutional purposes; they may be used whenever there are no other means of achieve such purposes.
Principle of suitability: Intelligence and counterintelligence activities must make use of means that are suitable for the achievement of the purposes defined in Article 4or of this law.
Principle of proportionality: Intelligence and counterintelligence activities shall be proportionate to the purposes sought and their benefits shall exceed the restrictions imposed on other principles and values constitutional.
COORDINATION AND COOPERATION IN INTELLIGENCE AND COUNTERINTELLIGENCE ACTIVITIES.
ARTICLE 6o. COORDINATION AND COOPERATION. C-913-10 >The agencies carrying out intelligence and counterintelligence activities will cooperate harmoniously and decisively, ensuring the unification of their intelligence and counterintelligence policies and efficiently and efficiently coordinate their activities.
ARTICLE 7o. JOINT INTELLIGENCE MEETING-JIC. C-913-10 >The Board of Intelligence will meet at least once a month to analyze matters related to security and defense of the State within its competence, to coordinate the activities of intelligence and counterintelligence, and ensure cooperation among the various agencies that carry them out. This Board is made inselectable by:
a) The Minister of National Defense, who will preside over it;
b) The Deputy Minister for Policy and International Affairs, who will chair the Minister in the absence of the Minister in charge;
c) The Intelligence Directors of the Military Forces, Army, Navy, Air Force, and National Police General Command;
d) The Director of DAS Intelligence, and
e) The Director of the UIAF.
PARAGRAFO 1o. In any case, the participation of the DAS and the UIAF in the JIC will be subject to its autonomy and independence.
PARAGRAFO 2o. JIC members must share the intelligence that they have at their disposal with the members of the JIC. In any event, this information will be handled by the JIC with due reservation; within the framework of this law and in the exercise as a delegate to the JICs.
PARAGRAFO 3o. The Foreign Minister must be invited at least once a semester to the Intelligence Board, and in any case, whenever foreign intelligence matters are discussed.
ARTICLE 8o. JOINT INTELLIGENCE BOARD FUNCTIONS. C-913-10 >The Joint Intelligence Board has the following functions:
a) Produce estimates of intelligence that support decision-making by the National Government.
b) Produce consolidated strategic intelligence documents.
c) Develop the National Intelligence Plan.
d) Ensure that adequate information protection procedures are in place.
e) Develop the protocols that define the procedures and requirements for the exchange of information between organisms and the use of the products by the users.
f) Coordinate the distribution of tasks between agencies by promoting specialization and avoiding duplication of effort.
g) Coordinate procurement and procurement plans.
(h) Promote and guarantee the training and professionalization of officials who carry out intelligence and counterintelligence activities, especially analysts. This will promote the conclusion of educational cooperation agreements with national, international or foreign bodies.
i) Establishing, directing and orienting a center of merger and interagency analysis of the information which will depend on the Board and will be made up of an analyst from each organization. The government will regulate the matter.
j) Coordinate the production of a monthly strategic analysis report addressed to the President of the Republic, without prejudice to those that may be developed for short-term issues.
PARAGRAFO 1o. The JIC will create Regional Intelligence Boards whose function is the coordination of intelligence and counterintelligence activities at the regional level.
PARAGRAFO 2o. The National Government will regulate the elaboration of the monthly strategic analysis report, the delivery protocols and the authorization of their knowledge by other State officials.
ARTICLE 9o. NATIONAL INTELLIGENCE PLAN. The National Intelligence Plan is the reserved document that defines the objectives and priorities of the agencies that carry out intelligence and counterintelligence activities. This Plan will be projected for a period of one year. The first National Intelligence Plan will take effect within six (6) months of the publication of this law.
CONTROL AND SUPERVISION.
ARTICLE 10. AUTHORIZATION AND SUPPORTING DOCUMENTS. C-913-10 > Intelligence and counterintelligence missions and operations must be fully supported and authorized by order of operations or mission of work issued by the hierarchical superior, according to the nature of the operation. Any intelligence and counterintelligence activity through which a mission or operation is developed will be framed within these and must be reported.
Each body will regulate who is the superior hierarchical, according to the nature of the operation, to authorize intelligence and counterintelligence activities in each case, taking into account the Constitution and the law, without prejudice to the rules of the Code of Criminal Procedure in matters governed by this Code.
The work order or operations mission should include a detailed planning of intelligence or counterintelligence activity by clearly defining a schedule of activities. Each body carrying out intelligence and counterintelligence activities shall regulate the specific procedures for conducting intelligence and counterintelligence activities.
ARTICLE 11. AUTHORIZATION CRITERIA. C-913-10 > The hierarchical superior in each case shall be responsible for authorizing only those intelligence and counterintelligence activities that meet the limits and purposes set forth in the article 4or this law, observe the principles of article 5or the same and are framed within a planning program.
This authorization shall be due to intelligence or counterintelligence requirements made by the recipients of the intelligence and/or counterintelligence or those incorporated in the National Intelligence Plan.
PARAGRAFO. Officials of agencies carrying out intelligence and counter-intelligence activities that infringe their duties or obligations shall incur a cause of misconduct as determined by the rules. laws and regulations of the respective institutions, without prejudice to the civil, fiscal, criminal or professional liability they may have. Due obedience may not be invoked as an exemption from liability for the enforcement of the intelligence operation when it is a violation of human rights or an infringement of International Humanitarian Law-IHL.
ARTICLE 12. SUPERVISION AND CONTROL. C-913-10 > The Inspectors of the Public Force to which the agencies carrying out intelligence and counterintelligence activities are assigned shall be required to submit an annual classified report processed by the Regular conduit to the Minister of Defence. This report shall verify the application of the principles, limits and purposes set forth in this law, in the authorization and development of intelligence and counterintelligence activities. To this end, the Inspectors of the Public Force will have all the collaboration of the different agencies, who in no case will be able to reveal their sources.
In the case of the Administrative Department of Security (DAS) and the Financial Information and Analysis Unit (UIAF), the report referred to in the previous paragraph must be given annually by the Internal Control Offices or by the that each entity points to the Director for that purpose.
PARAGRAFO. In any case the report rendered by each entity does not exempt the Director of each body from its responsibility to ensure compliance with this law and other constitutional and legal obligations.
ARTICLE 13. PARLIAMENTARY CONTROL. C-913-10 > Create the Parliamentary Legal Monitoring Committee for Intelligence and Counterintelligence activities, which will carry out functions of parliamentary control and monitoring, verifying efficiency in the use of the resources, respect for constitutional guarantees and compliance with the principles, limits and purposes set out in this law.
ARTICLE 14. CONFORMATION AND ELECTION OF THE MEMBERS. C-913-10 > The Parliamentary Legal Committee for Monitoring Intelligence and Counterintelligence Activities will be made up of 6 permanent members of the Commission. Permanent constitutional or with knowledge or experience in the matter, only as long as the Commissions do not have any congressmen who may or may wish to participate in the Parliamentary Legal Monitoring Committee Intelligence and Counterintelligence.
The second joint session, through the electoral system, will elect three members for each corporation, ensuring representation in the Parliamentary Legal Monitoring Committee to the Intelligence Activities and Counterintelligence, political parties and movements that declare themselves in opposition to the government. Members of the Parliamentary Legal Monitoring Committee for Intelligence and Counterintelligence Activities will be elected for a four-year term equal to the legislative period.
ARTICLE 15. FUNCTIONS OF THE PARLIAMENTARY LEGAL COMMITTEE TO FOLLOW UP ON INTELLIGENCE AND COUNTERINTELLIGENCE ACTIVITIES. C-913-10 > They are the functions of the Parliamentary Legal Monitoring Committee for Intelligence and Counterintelligence Activities:
(a) Produce an annual report reserved for the Second Joint Commission, with a copy to the President of the Republic, who shall take account of the compliance with the controls and guarantees contained in this Law and make recommendations for the improvement of the exercise of intelligence and counterintelligence activities, taking into account the safeguarding of information that affects national security and defense. The National Government will regulate the matter.
b) Make a minimum of a semi-annual meeting with the JIC convened by the chair to ensure compliance with the principles, purposes and limits contained in this law.
c) Present recommendations for the formulation of the National Intelligence Plan.
d) Issue opinions and concepts on any bill related to the subject matter.
e) Issue a concept on the Audit Report of the reserved expenses developed by the Comptroller General of the Republic.
(f) Citar the officials of the intelligence agencies for the purposes of the exercise of political control.
PARAGRAFO. The annual report of the Commission will be the product of the annual reports rendered by the inspectors of the Public Force, the Internal Control Offices of the DAS and the UIAF or by the dependency that each entity To this end, the discussion they have on the same with the intelligence and counterintelligence agencies, and the reports rendered by the control bodies in the exercise of their functions.
ARTICLE 16. SECURITY OF INFORMATION. C-913-10 > Members of the Parliamentary Legal Monitoring Committee for Intelligence and Counterintelligence Activities will be subjected to periodic safety and reliability studies. The National Government shall regulate the procedures necessary to ensure that access to the information is made in a manner that ensures the security of the information.
PARAGRAFO 1o. In case any of the elected congressmen does not approve the reliability study, the Government will notify the Joint Second Commissions for a new election to replace it. Taking into account the above mentioned rendering parameters.
PARAGRAFO 2o. The National Government may suspend the temporary suspension of access to information by the Commission in order to avoid serious injury to the activity of the agencies carrying out intelligence activities. and counterintelligence, which affects internal security, national defense, or the successful success of judicial investigations. This decision will be subject to automatic control by the Council of State's Office of Consultation and Civil Service.
ARTICLE 17. THE COMMISSION ' S RESERVE DUTY. C-913-10 > Members of the Parliamentary Legal Monitoring Committee for Intelligence and Counterintelligence Activities are obliged to reserve the information and documents to which they have access during and after your membership, up to the maximum term you set the law.
PARAGRAFO 1o. No public document emanating from the Commission may disclose data that may impair the activity or the officials of the agencies carrying out intelligence and counterintelligence activities, or to attack national security and defense.
PARAGRAFO 2o. The members of the Commission, as well as the permanent or permanent staff assigned to it, who make undue use of the information to which they have access on the occasion or the exercise of their duties shall be considered to be incourses in the cause of misconduct without prejudice to the criminal liability to which there is a place, they will be disabled to be members of the Parliamentary Legal Monitoring Committee to the Intelligence Activities and Counterintelligence.
PARAGRAFO 3o. The Senate and House of Representatives Directives will allocate the human and physical resources necessary for the functioning of the Parliamentary Legal Monitoring Committee to the Intelligence and Counterintelligence.
INTELLIGENCE AND COUNTERINTELLIGENCE DATABASES AND FILES.
ARTICLE 18. INTELLIGENCE AND COUNTERINTELLIGENCE DATA PROTECTION CENTERS. C-913-10 > Each of the agencies developing intelligence and counterintelligence activities will have a Data Protection and Intelligence Archives Center and Counterintelligence (CPD). Each Center will have a responsible who will ensure that the processes of gathering, storing, producing and disseminating intelligence and counterintelligence are framed in the Constitution and the law. To this end, the necessary training workshops will be held within each center.
ARTICLE 19. GOALS OF CPD. C-913-10 > Each CPD will have the following objectives:
a) Control the entry and exit of information to the databases and intelligence and counterintelligence files, guaranteeing a priority of their constitutional and legal reserve.
b) Ensure that intelligence and counterintelligence data that once stored does not serve the purposes set out in Article 5or this law, are updated and purged.
c) Ensuring that information will not be stored in intelligence and counterintelligence databases for reasons of gender, race, national or family origin, language, religion, political or philosophical opinion, membership of an organization trade union, social or human rights, or to promote the interests of any political party.
PARAGRAFO The criteria for updating and debugging information will be regulated by the Joint Intelligence Board through a work commission intended for this purpose. The following guidelines will be taken into account for your design:
a) The obligation to protect citizens ' fundamental rights to good name, honor and due process;
b) The duty to ensure the preservation of the historical memory of the Nation, and
c) The file law.
ARTICLE 20. DISSEMINATION OF INTELLIGENCE AND COUNTERINTELLIGENCE DATA. C-913-10 > The intelligence and counterintelligence data that are reposed in the CPD, as they are covered by the legal reserve, cannot be made public nor will they be disseminated to private individuals. However, the legal reserve cannot be opposed to the requirements of criminal, disciplinary or fiscal authorities.
RESERVE INTELLIGENCE AND COUNTERINTELLIGENCE.
ARTICLE 21. RESERVE. C-913-10 > By the nature of the functions carried out by agencies carrying out intelligence and counterintelligence activities, their documents, information and technical elements shall be covered by the legal reserve for a term maximum of 40 years and shall be of a reserved information according to the degree of classification corresponding to them in each case.
PARAGRAFO. The public server that decides to rely on the reservation to not provide an information must do so by writing the reasonableness and proportionality of its decision and founding it in this provision legal. In any event, the legal and constitutional actions and actions of the case shall be taken in the face of such decisions.
ARTICLE 22. RESERVE COMMITMENT. C-913-10 > Public servants of the agencies that develop intelligence and counterintelligence activities, the officials that advance control activities, supervision and review of documents or databases of intelligence and counterintelligence, and the users of the intelligence products, are obliged to subscribe to the record of the reserve commitment in relation to the information that they have knowledge. Those who improperly and under any circumstances disclose classified information or documents, shall incur a cause of misconduct, without prejudice to the criminal actions to be taken.
To guarantee the reserve the intelligence and counterintelligence agencies will be able to apply all the technical tests, with the periodicity that they consider convenient, for the verification of the qualities and the fulfillment of the highest security standards by public servants.
PARAGRAFO 1o. The public servants ' reserve duty of the agencies that develop intelligence and counterintelligence activities, and of the above mentioned officials and users and the members of the Commission Legal Parliamentary to Follow Up on Intelligence and Counterintelligence Activities will remain after the end of its functions or withdrawal from the institution until the maximum term established by the law. Agencies that carry out intelligence and counterintelligence activities shall take all necessary measures to prevent their members from copying, carrying, reproducing, storing, manipulating or disclosing any information of intelligence or counterintelligence for purposes other than the performance of their mission, and will design mechanisms to effectively sanction these behaviors.
PARAGRAFO 2o. People trained to perform functions related to intelligence and counterintelligence work must meet at all times the highest standards of suitability and confidence to enable maintain the reserve commitment in the development of their functions. For this purpose, each of the entities that conduct intelligence and counterintelligence activities will develop internal protocols for the selection, hiring, and incorporation and training of the intelligence personnel and counterintelligence, taking into account the doctrine, functions and specialties of each entity.
ARTICLE 23. EXCEPTION TO THE REPORTING AND REPORTING DUTIES. C-913-10 > Public servants of the agencies carrying out intelligence and counterintelligence activities are obliged to keep the reserve in all that for the purpose of the exercise of their activities have seen, heard or understood. In this regard, the public servants referred to in this article are exonerated from the duty of denunciation and may not be required to declare.
In case the body deems it necessary to declare in a process, it may do so through its Director or its delegate, as a reference test.
The exclusion of the duty of denunciation shall not apply to cases where the public servant has information related to the alleged commission of a crime against humanity by a public servant carrying out activities of intelligence and counterintelligence.
ARTICLE 24. PROBATIVE VALUE OF THE INTELLIGENCE REPORTS. C-913-10 > In no case will the intelligence reports have evidentiary value within judicial processes, but its content may constitute a guiding criterion for the development of the acts Urgent action by the judicial police in criminal matters. In any case, the reserve will be guaranteed to protect the identity of the intelligence and counterintelligence officials, their methods and their sources. Continuation of articulated Bill No. 335 of 2008 House.
ARTICLE 25. MODIFICATION OF PENALTIES FOR THE CRIMES OF DISCLOSURE AND USE OF RESERVED DOCUMENTS AND ABUSIVE ACCESS TO A COMPUTER SYSTEM. C-913-10 > In order to guarantee the legal reserve of the intelligence and counterintelligence documents and to avoid their disclosure by the members of the bodies carrying out this type of activity, Articles 194, 195, 418, 419 , and 420 of the Penal Code will remain as follows:
"Article 194. Disclosure and employment of reserved documents. The person who, in his own or other interest or to the detriment of another person, divulges or uses the content of a document to remain in reserve, will incur imprisonment of five (5) to eight (8) years, provided that the conduct does not constitute a crime penalty with greater penalty. "
"Article 195. Unabusive access to a computer system. He who is abusively introduced into a protected computer system with a security measure or is against the will of the person who has the right to exclude him, will incur imprisonment of five (5) to eight (8) years. "
" 418. Secret Revelation. The public server which improperly publishes document or news which it must keep secret or reserve, will incur imprisonment of five (5) to eight (8) years and fine of twenty (20) to one hundred twenty (120) legal minimum wages (10) years in force and disablement for the exercise of public functions by 10 (10) years.
If the conduct results in injury, the penalty will be five (5) to eight (8) years in prison, a fine of sixty (60) to two hundred and forty (240) current minimum statutory statutory wages, and disablement for the exercise of rights and duties. public for ten (10) years. "
"Article 419. Using subject matter to secret or reservation. The public servant who uses his or her knowledge, scientific discovery, or other information or data at his or her knowledge by reason of his or her duties and who must remain secret or reserve, will be in prison of five (5) to eight (8) years and loss of employment or public office, provided that the conduct does not constitute another offence punishable by a higher penalty. "
"Article 420. Misuse of privileged official information. The public servant who, as an employee or manager or member of a board or administrative body of any public entity, makes misuse of information that he has known for reason or time of his/her duties and which is not the subject of of public knowledge, in order to obtain benefit for himself or for a third party, whether natural or legal person, will incur imprisonment of five (5) to eight (8) years and loss of employment or public office. "
PARAGRAFO 1o. Add an article 418B (secret disclosure) to Act 599 of 2000, which will remain so:
"Article 418B. Revelation of secret fault. The public servant who, due to the fact that the document or the news must be kept secret or reserved, will incur a fine of ten (10) to 120 (120) minimum monthly legal wages in force and loss of employment or position. public ".
PARAGRAFO 2o. Add an article 429B to Act 599 of 2000, which will remain so:
" The person who under any circumstance of knowing information about the identity of those who develop intelligence or counterintelligence activities, will incur imprisonment of (5) five to (8) eight years provided the conduct does not constitutes a crime punishable by greater penalty. "
ARTICLE 26. MODIFICATION OF PENALTIES FOR THE MILITARY CRIME OF DISCLOSURE OF SECRETS. C-913-10 >In order to guarantee the legal reserve of the intelligence and counterintelligence documents and to avoid their disclosure by the members of the Force Public carrying out these types of service development activities, items 149 and 150 of the Military Penal Code will remain so:
"Article 149. Disclosure of secrets. The member of the Public Force who reveals document, act or matter concerning the service, with secret security classification, or ultrasecto, will be in prison of five (5) to twelve (12) years.
If the disclosure is of document, act or matter classified as reserved, the person responsible will be in prison for four (4) to six (6) years. "
" 150. Blame Revelation. If the facts referred to in the previous article are committed by fault, the penalty shall be one (1) to three (3) years of imprisonment. "
ARTICLE 27. ACCESS TO INFORMATION RESERVED BY PUBLIC SERVANTS. C-913-10 >All public entities that are users of intelligence and counterintelligence must guarantee their reservation, security and protection in the established terms in this law.
ARTICLE 28. RECIPIENTS OF INTELLIGENCE AND COUNTERINTELLIGENCE INFORMATION. C-913-10 >The President of the Republic and his Ministers are the main recipients of the intelligence and the only ones empowered to make intelligence and counterintelligence agencies without prejudice to the powers granted by law to other public servants or public entities for access to intelligence.
The President of the Republic will be the recipient of the monthly strategic analysis report.
In the matter of criminal intelligence, the Attorney General will be able to request intelligence estimates that support the decision making by his Office in the field of criminal policy.
PROTECTION OF PUBLIC SERVERS PERFORMING INTELLIGENCE AND COUNTERINTELLIGENCE ACTIVITIES.
ARTICLE 29. PROTECTION OF IDENTITY. C-913-10 > In order to protect the life and integrity of public servants who develop intelligence and counterintelligence activities, and to facilitate the realization of their office's own activities, the government through the National Registry of the Civil State, will provide them with documents with new identity that must be used exclusively in the exercise of their functions and activities.
directors of the intelligence agencies of the Military Forces and the National Police, as well as the Director of the DAS, will be the only ones authorized to request the National Registry of the Civil State to issue the new identification document for the protection of their officials.
In case of the need for the issuance of other public or private documents for the fulfillment of the mission, the officials of the agencies carrying out intelligence and counterintelligence activities may use the procedure for the new identity document issued by the National Civil Registry, without the use of the new documents as an infringement of the law.
The intelligence and counterintelligence agencies, with the participation of the Registrar, will regulate the implementation of the system of custody of information related to the functional identity in order to guarantee the security of the information and the protection of the life and physical integrity of the agents. The National Registrar of the Civil State shall be obliged to guarantee the reservation of information in accordance with the provisions of this law, which under no circumstances may be disclosed.
PARAGRAFO 1o. In the implementation of the protection mechanisms referred to in this article, the state entities will have to subscribe to the inter-institutional agreements that will take place in order to establish protocols to ensure the reservation, security and protection of information.
PARAGRAFO 2o. The public server that under any circumstance of knowing information about the identity of those who develop intelligence or counterintelligence activities will incur a cause of misconduct, without prejudice to the criminal actions to be taken. '
ARTICLE 30. PROTECTION OF PUBLIC SERVANTS WHO DEVELOP INTELLIGENCE AND COUNTERINTELLIGENCE ACTIVITIES AND THEIR FAMILY CORE. C-913-10 >Public servants belonging to agencies that carry out intelligence activities and counterintelligence that, when carrying out their duties and activities, they will be at risk or present a current and imminent threat against their personal integrity or that of their family nucleus, they will have the proper protection of the State. For this purpose, each institution shall establish the relevant protection mechanisms.
COLLABORATION DUTIES OF PUBLIC AND PRIVATE ENTITIES.
ARTICLE 31. COLLABORATION OF PUBLIC AND PRIVATE ENTITIES. C-913-10 >Public and private entities will be able to cooperate with the intelligence and counterintelligence agencies for the fulfillment of the purposes set forth in this law. If the information requested is covered by the legal reserve, the intelligence agencies and the public and private entities may enter into interinstitutional agreements of mutual agreement. In any event, the delivery of such information will not constitute a violation of the legal reserve, since it will continue under this principle, which the public intelligence and counterintelligence servers are obliged to of the provisions of this law.
PARAGRAFO 1o. In compliance with the terms set out in this law, telecommunications operators will be required to supply intelligence and counterintelligence agencies upon request and in the development of an authorized operation the history of communications of the same, the technical data of identification of the subscribers on which the operation falls, as well as the location of the cells in which the terminals are located and any other information contributing to the location. Intelligence and counterintelligence agencies will ensure the security of this information through CPD.
The directors of the intelligence agencies shall be responsible for submitting in writing to the telecommunications operators the request for such information.
In any case, the interception of communications will be subject to the legal procedures established by the Constitution and the law.
PARAGRAFO 2o. Telecommunications operators must inform the Ministry of Communications and the Office of the Prosecutor General of the Nation of any modification in the technology of their networks and make available to them, in a time and at a reasonable cost, the implementation of the interception equipment for the adaptation to the network. Telecommunications operators shall indicate the content and scope of the respective amendment at a time of not less than 60 calendar days before the date on which it is intended to be carried out.
PARAGRAFO 3o. Telecom operators will have to maintain and secure the agencies that carry out intelligence and counterintelligence activities, a means of transport that allows voice calls encrypted, at a more reasonable cost, and for a specific number of users under conditions which do not degrade the operator's network or the quality of the service provided by it. This means will be granted at the request of the Joint Intelligence Board; it will be exclusive to the high government and the intelligence and counterintelligence agencies of the State; and it will be regulated and controlled by the Joint Intelligence Board.
VALIDITY RULES.
ARTICLE 33. VALIDITY. C-913-10 >This law governs from the date of its enactment.
ARTICLE 34. REPEAL AND DECLARATORY OF SUBROGATION. C-913-10 >This law repeals all provisions that are contrary to it, in particular Decree 2233 of 1995, " by means of which the National Intelligence System is created, the Technical Council National of Intelligence, the Technical Technical Councils of Intelligence ... "and the Decree 324 of 2000," for which the Center for the Coordination of the Struggle against the Groups of Self-Defense and other groups is created outside the law ".
The number 12 of article 89 of Law 1098 of 2006, "for which the Code of Childhood and Adolescence is issued" is repealed.
In Decree 517 of 2001, "for which the Internal Organization of the Administrative Unit of Taxation and National Customs is amended," all the provisions referring to the "Subdirectorate of Intelligence" are subrogated by the "Subdirectorate of Intelligence". Prevention '. The following provision is hereby repealed in Article 3o literal C: "the intelligence work and the operations derived from them, carried out by the Directorate of Fiscal and Customs Police, with a view to". In Article 5o the following provisions are repealed: "intelligence" in literal A, "intelligence" in literal E and "in development of intelligence activities" in the literal F.
The President of the honorable Senate of the Republic,
HERNAN FRANCISCO ANDRADE SERRANO.
The Secretary General of the honorable Senate of the Republic,
EMILIO OTERO DAJUD.
The President of the honorable House of Representatives,
GERMAN MALE COTRINO.
The Secretary General of the honorable House of Representatives,
JESUS ALFONSO RODRIGUEZ CAMARGO.
COLOMBIA-NATIONAL GOVERNMENT
Publish and comply.
Dada en Bogotá, D. C., a 5 de marzo de 2009.
ALVARO URIBE VELEZ
The Minister of the Interior and Justice,
FABIO VALENCIA COSSIO.
The Minister of National Defense,
JUAN MANUEL SANTOS CALDERÓN.
