El debido proceso en la ley de habeas data

Abstract

In order to analyze how the due process is immersed in Habeas Data Law, this article is structured on the basis of the very conception of fundamental rights in the Social State of Law, allowing to locate and to develop more easily the concept of Due Process and its application in different areas to judicial and administrative instances. Subsequently a deepening of the Habeas Data concept is carried out, resorting to the antecedents in which its inclusion in the Political Constitution of Colombia originates and its subsequent development through Statutory Law 1266 of 2.008. With both concepts in mind, finally, we look at the ways in which the Due Process is indissolubly part of both the general structure of the Habeas Data Act and, in particular, the procedure for producing negative reports in The central ones of risk. DOI: http://dx.doi.org/10.21615/cesder.8.1.10