/ Data Protection Law: Advisory Commission Releases Key Report on Implementation

The first report from the Ministerial Advisory Commission reveals structural and regulatory weaknesses that threaten the proper establishment and effectiveness of the future Personal Data Protection Agency, and proposes urgent measures to ensure its viability.

Cristina Valenzuela
Associate

On July 21, 2025, the Ministerial Advisory Commission for the Implementation of the Personal Data Protection Law issued its first report. This document provides a critical assessment of the current state and challenges for the rollout of the new Law No. 21.719 and the Personal Data Protection Agency (APDP), which is scheduled to come into force on December 1, 2026. The report highlights the inadequacy of the financial and organizational support currently planned and warns of the risk of undermining the effectiveness of Chile’s new data protection regime.

Key Findings and Recommendations of the Report

• Advance the Agency’s Establishment: It is recommended to bring forward the establishment of the APDP and the appointment of its Board of Directors no later than June 2026. The current timeline, which allows for the appointment of board members only 60 days before the law takes effect, is insufficient for essential preparatory tasks such as issuing key regulations and enabling service channels.
• Urgent Institutional Strengthening: The budget and staffing allocated to the APDP are described as “clearly insufficient.” The report compares the initial allocation of CLP $1.721 billion and 19 staff members to similar bodies such as the Transparency Council (CLP $8.585 billion and 138 staff), revealing a gap that would prevent the Agency from fulfilling its oversight, enforcement, and rights-promotion functions.
• Align Board Member Salaries: The projected salaries for the president (CLP $7.1 million) and board members (CLP $6 million) fall below the average for leadership positions in other oversight bodies (over CLP $12 million). This could discourage the recruitment of technical and independent profiles, weaken the Agency’s autonomy, and increase the risk of regulatory capture. The report proposes aligning salaries with those of comparable institutions.
• Need for a Realistic and Adequate Budget: The Commission presents an alternative budget proposal that includes a minimum of 50 staff members and a total first-year budget of CLP $4.178 billion. This amount would cover personnel, operations, and initial investments to equip the Agency with the technical and human capabilities necessary for its operation.
• Implement a Collaborative Installation Strategy: The report suggests launching a coordinated strategy in early 2026, led by the Ministry of Economy, to carry out key logistical processes such as office leasing, job profile design, and the creation of the institutional website. This would help avoid operational paralysis when the law comes into effect.

The Advisory Commission’s report is a wake-up call on the need to adopt urgent corrective measures, either through the 2026 Budget Law or the Public Sector Adjustment Law. According to the Commission, without these changes, Chile’s new and long-awaited personal data protection regime risks being merely a statement of intent, lacking the real capacity to effectively safeguard citizens’ rights.