This investigation aims to determine how the right to privacy can be violated by monitoring activities carried out by State security agents, permitted in article 17 of statutory law 1621 of 2013. The methodology used approach, as it attempts to decipher the approximate value assigned by the Constitutional Court to the fundamental right to Privacy, in relation to the monitoring of the electromagnetic spectrum as an intelligence work described in the aforementioned legislation, analyzing the judgment in C-540 of 2012, doctrine and jurisprudence from an argumentative and discursive level.