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| Wednesday, 09 February 2011 00:00 |
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BY: DANIEL PEÑA VALENZUELA
February 9, 2011 Colombia's Supreme Court issued on December 16, 2010 a ruling through which it resolved a dispute on the set up of a marital union resulting from a couple's cohabitation.
The case is interesting because the Court discusses the attributes of an electronic data message, in this case an email, to establish the date when the parties started to live together.
The Court refers to the need of establishing the document's authenticity, which is achieved either by using digital signatures or the recognition of the document by the counterpart.
While we agree with the Court's analysis, what is missing is that there is no jurisprudential contribution on the difference between the electronic signature and the digital signature, which would have been decisive, because the data messages in question could have been considered as valid to apply the rules on electronic signatures of Law 527 of 1999, without requiring evidence ex officio, or recognition by the other party of the contents, let alone other evidence.
That is, the decision leaves us with a bittersweet memory from the perspective of ICT, of email's validity as the foundation of modern digital evidence.
Should you have any questions regarding this blog, please contact Daniel Peña at
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