Chile: Bill for protection of sensitive health data during times of emergency submitted to Senate
Bill No. 13497-07 that Reinforces the Protection of Sensitive Health Data During Health Quarantine or a State of Emergency from a Catastrophe Declared by the Authority ('the Bill') was submitted, on 13 May 2020, to the Senate. In particular, the Bill would provide for obligations with respect to the processing of sensitive personal data in times of emergency, by requiring, among other things, that processing can only take place with the express consent of the owner, granted through a written or verbal statement, or by an equivalent technological means, although no consent will be required in declared states of emergency.
Moreover, the Bill would require compliance with strict data minimisation practices, processing only the data which is necessary for the intended purpose, guaranteeing adequate security safeguards, and also providing penalties for non-compliance. Additionally, the Bill highlights an adequacy requirement in cross-border data transfers by requiring that any such transfers are to countries which have an adequate level of data protection, comply with international treaties and legal provisions that Chile is also a party to, or ensure protection through contractual clauses guaranteeing the protection of personal data. Finally, the Bill notes that any requirements not foreseen within the provisions of the Bill will be protected by the Law No. 19.628 on the Protection of Private Life 1999.