/ Constitutional Convention approves a personal data protection regulation

The first paragraph of the article on personal data of the second report of the committee on knowledge systems, cultures, science, technology, arts and heritages was approved.

Maria Ignacia Ormeño Sarralde
Associate Attorney
Alessandri Abogados

Last Tuesday, April 5, the Plenary of the Constitutional Convention (CC) met with the purpose of deliberating and voting on the right to personal data protection.

“Right to Personal Data Protection: All persons have the right to the protection of personal data, to know, decide and control the use of information concerning them.”

In this respect, the technique used is questionable, since data protection precisely means the power of every person to dispose of his/her personal data. Furthermore, the term “information” is not the appropriate term to refer to personal data.

On the other hand, the Committee approved in general the articles related to the supervisory body on the matter: “there shall be an autonomous and technical body, responsible for ensuring the promotion and effective protection of the right to personal data protection, which shall have regulatory, supervisory and punitive powers, with respect to both state and private entities, along with the rights granted by law“.

We highlight the constitutional enshrinement of the supervisory body specifying its powers, settling possible conflicts of competence with other bodies (e.g. Sernac) regarding personal data of individuals, regardless of the quality or qualification of these.

Finally, the Committee on Fundamental Rights has also regulated the right to personal data protection: “The Constitution ensures the right to personal data protection. This right includes the right to access the data collected concerning him/her, to oppose the processing of his/her data and to obtain its rectification and cancellation, as well as other powers established by law. Compliance with these rules shall be subject to the control and guarantee of an autonomous body, in accordance with the law”. It should be noted that this article has not yet been submitted to the vote of the Plenary of the CC; if approved, it will have to be reviewed by the adaptation committee.