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Chile

Summary

Law: Law No. 19.628 on the Protection of Private Life 1999 (only available in Spanish here) ('the Law')

Regulator: Currently, oversight is carried out by the Chilean Transparency Council ('CPLT').

Summary: The legal regime regarding privacy and data protection in Chile dates back to 1999, with legal reforms underway to modernise the Law and bring about increased protections for data subjects. Currently, Bill No. 11144-07 Regulating the Processing and Protection of Personal Data and Creating the Personal Data Protection Authority (only available in Spanish here) ('the Bill') is under discussion in the Chilean Senate, which takes inspiration from the EU's General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). 

In particular, the Bill would bring Chile in line with international standards by establishing rights for access, rectification, cancellation, or deletion of personal data, and data portability, as well as introducing new legal basis for data processing, and special categories of personal information. Lastly, Bill No. 14847-06 Establishing a Framework Law on Cybersecurity and Critical Information Infrastructure (only available in Spanish here) ('the Cybersecurity bill') is under discussion in the Chilean Senate. In particular, the Cybersecurity bill would regulate public and private institutions that possess critical information infrastructure and establish requirements associated with responses to cybersecurity incidents.

Insights

In this Insight article, Paulina Silva, Partner at Bitlaw, explores the proposed changes to Chilean data protection laws, specifically focusing on the impending structural shift outlined in Bill No. 11144-07 Regulating the Processing and Protection of Personal Data and Creating the Personal Data Protection Authority (the Bill). The article delves into key modifications, including the introduction of new legal bases, enhanced security obligations, and the regulation of international data transfers, shedding light on the potential impact of these changes on privacy practices in Chile.

Both Brazil and Chile have existing data protection frameworks which have, in part, been influenced by the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). Samara Schuch and Debora Batista Araújo, from Schuch & Araújo Specialized Law Firm, provide a comparison between the frameworks in both Brazil and Chile, and discuss the challenges and successes of both.

During the last days of Sebastian Piñera as the President of Chile, the Government introduced a Bill to Establish a Framework Law on Cybersecurity and Critical Information Infrastructure ('the Bill') to the National Congress of Chile for discussion. As part of the National Cybersecurity Policy for 2017 to 2022, the Bill's purpose is to set out the necessary institutional framework to strengthen cybersecurity, expand and reinforce preventive work, create a public culture of digital security, address contingencies in the public and private sectors, and safeguard the security of people in the cyberspace. Jaime Urzúa, Associate at Alessandri Abogados, discusses key provisions of the Bill.

The highly anticipated Bill No. 11144-07 Regulating the Processing and Protection of Personal Data and Creating the Personal Data Protection Authority ('the Bill'), which contains a new legal framework for data privacy in Chile, has been approved by the Senate and sent to the Chamber of Deputies for its urgent discussion. The Bill was presented before the Senate in 2017, and later merged with Bill No. 11092-07 in order to replace Law No. 19.628 on the Protection of Private Life 1999 ('the Data Protection Law'), Chile's outdated and highly criticised data privacy law.

The proposed Bill incorporates many aspects of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') and other international standards on the subject, in an effort to modernise Chile's privacy and data protection regulations. Rodrigo León and Gabriella Burgos Herrera, from SILVA, discuss key provisions of the Bill, including challenges the Bill will have to face in its near future.

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