/ Government of Chile signs Personal Data Bill11 March, 2017
On March 10, 2017 the Government of Chile signed the draft of the Law on Protection of Personal Data.
The bill seeks to to modernize the 1999 Law No. 19,628 on Protection of Private Life and update the current provisions in face of the technological development and the need to balance the interests of individuals and the free circulation of information. Moreover, the bill aims to accomplish the standards of the Organization for Economic Cooperation and Development (OECD), which Chile became part of in 2010.
Within its main points, we may highlight the followings:
- Incorporation into the domestic legislation of data protection guiding principles recognized in the OECD Guidelines and in comparative legislation, in particular the principles of legality in the processing of data (use of personal data only with the consent of the holder or Legal provision); Purpose (use of data only for the purposes explicitly indicated); Proportionality (use of data limited to the purpose explicitly indicated); quality; responsibility; security; and information (access to policies on data processing).
- Recognition to the data holder of the named “ARCO rights” of access, rectification, cancellation and opposition, rights of gratuitous character, non-resignable and non-limitable which allows the holder to require information about which is the personal data that is being treated, to demand that the same is accurate and complete, to require its elimination or suppression when the law authorizes it and to oppose to its use when the law contemplates it.
- Creation of an Agency for the Protection of Personal Data, as a decentralized technical body, with legal personality and with private patrimony for the supervision, surveillance and protection of the rights enshrined in the Law, and empowered to regulate, supervise, prosecute and, ultimately, punish breaches of the law that may affect any holder that requires its intervention.
- Regulation of a special protection status for sensitive personal data, such as those related to health, biometric data, human biological profile, geo-location and mobility, data of children and adolescents, among others. For this, the standard is raised in connection with the treatment of this data in comparison to other personal data, requiring the free and informed consent of the holder to treat the information.
- A specific regulation is incorporated for the international transfer of personal data, in order to make of Chile a center for the information treatment within the global context.