Big Data promises great socially accepted and desirable benefits. However, in general terms, the datification of life has made people to lose some awareness of the risks involved in the massive analysis of data regarding their fundamental rights. This fact is used by the companies involved in the data value chain to maximize their benefits although this implies the proliferation of negative externalities assumed by the information holders. The Colombian State has made great efforts regarding the protection of data and privacy, as demonstrated by Law 1266 of 2008 and Law 1581 of 2012, nevertheless, a deep literary review leads to conclude the need to adapt to the international context