Analysis of the Bill which Will Amend the Law Governing the Protection and Processing of Personal Data, and that Creates a Personal Data Protection Agency in Chile

New Personal Data Protection Agency in Chile
Guillermo Carey

Guillermo Carey

April 18, 2017 02:43 PM

On Monday, March 13, 2017, the Chilean President sent a bill (the “Bill”) to the Senate that, if passed, will significantly amend Law No. 19,628 on the Protection of Private Life.

The Bill seeks, among other things, to increase protection of privacy in order to fulfill international standards in matters of personal data processing, to meet the guidelines of the Organization for Economic Cooperation and Development (OECD), to adapt and modernize national legislation to meet the challenges that a digital economy entails, and to balance the safeguarding of people’s privacy with free circulation of information.

  • The Bill sets forth new principles that shall govern the use of personal data and new rights for data subjects.
  • It regulates in greater detail the concept and requisites for consent, defining it as a free, specific, unequivocal, and informed manifestation that ought to be granted beforehand, and that must be specific regarding a purpose. The unequivocal manifestation must involve, “an act of assertion proving the clarity of the subject’s will”; surpassing the “in writing” requisite of the current law.
  • It establishes a new statute of exceptions for consent.
  • It further develops the concept of Sources of Public Access, specifying that they shall be those which may be accessed or consulted in a lawful manner by anyone, without restrictions, or legal obstacles, to access or use them. Additionally, it establishes the sources of public access as an autonomous exception.
  • It regulates sensitive data in greater detail (establishing new data, such as biometric data, and data regarding biological human profiles); and it establishes a new category of “special data”, for the data of children; data used for historical, statistical, scientific purposes and others; and georeferentiation data.
  • It restricts the automated processing of data, entitling data subjects to request that no decision affecting them significantly be adopted exclusively on the grounds of the automated processing of that data, with certain exceptions.
  • It creates a Personal Data Protection Agency with the authority to monitor and punish violations of the law with fines of up to 5,000 UTM (approximately USD 350,600 at the date the Bill entered Congress).
  • It creates a National Registry for Compliance and Penalties.
  • It sets forth new proceedings to prosecute liabilities.
  • It regulates international data transfers.
  • It regulates the duty to adopt security measures, and reporting obligations in regard to security breaches.
  • It establishes the possibility for the data controller to adopt and certify a model for breach prevention, associated with mitigating circumstances regarding liability.

The Bill will enter in force and effect thirteen months after its publication, however, previously established databases will be allowed 4 years from the time the law enters into force to adapt their practices.

For a complete report on the project, please click here.

Trending Articles

The Best Lawyers in Spain™ 2023

by Best Lawyers

Announcing Spain's recognized lawyers for 2023.

Flag of Spain

Announcing the 2023 The Best Lawyers in America Honorees

by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

The Best Lawyers in Chile™ 2023

by Best Lawyers

The results include an elite field of top lawyers and firms in Chile.

White star in blue box beside white box with red box on bottom

The Best Lawyers in South Africa™ 2023

by Best Lawyers

Best Lawyers proudly announces lawyers recognized in South Africa for 2023.

South African flag

The 2023 Best Lawyers in Portugal™

by Best Lawyers

Announcing the elite group of lawyers recognized in Portugal for 2023.

Green and red Portuguese flag

Announcing The Best Lawyers in Peru™ 2023

by Best Lawyers

Honoring our awarded lawyers for 2023 in Peru.

Red and white stripes with green leaf symbol

The Best Lawyers in Spain™ 2022

by Best Lawyers

The results include an elite field of top lawyers and firms.

The Best Lawyers in Spain™ 2022

Best Lawyers: Ones to Watch in America for 2023

by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

Thirteen Years of Excellence

by Best Lawyers

For the 13th consecutive year, “Best Law Firms” has awarded the most elite and talented law firms across the country through a thorough and trusted data review process.

Red, white and blue pipes and writing on black background

Famous Songs Unprotected by Copyright Could Mean Royalties for Some

by Michael B. Fein

A guide to navigating copyright claims on famous songs.

Can I Sing "Happy Birthday" in Public?


Rewriting 𝙃𝙀𝙍𝙨𝙩𝙤𝙧𝙮 One Verdict at a Time

by Justin Smulison

Athea Trial Lawyers was formed only a year ago by several prestigious lawyers seeking justice for their clients, and together they are making history.

Six female lawyers sitting in office

Announcing the 2022 Best Lawyers® in the United States

by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

Announcing the 2023 The Best Lawyers in Canada Honorees

by Best Lawyers

The Best Lawyers in Canada™ is entering its 17th edition for 2023. We highlight the elite lawyers awarded this year.

Red map of Canada with white lines and dots

What the Courts Say About Recording in the Classroom

by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

Strength in Numbers: When Partnering Up May Be Best in Whistleblower Litigation

by Justin Smulison

Whistleblower claims make headlines when they result in multimillion-dollar settlements. But the journey to the courtroom is characterized by complexity and requires time and resources. Bienert Katzman Littrell Williams partner and The Best Lawyers in America awardee Michael R. Williams discusses when and why partnerships between counsel will strengthen whistleblower litigation.

A Blue Person in the Middle of White People

Announcing the 2022 "Best Law Firms" Rankings

by Best Lawyers

The 2022 “Best Law Firms” publication includes all “Law Firm of the Year” recipients, national and metro Tier 1 ranked firms and editorial from thought leaders in the legal industry.

The 2022 Best Law Firms Awards