News

/ New government stresses its commitment to the personal data bill

1 April, 2022

Giorgio Jackson, Minister of Segpres, emphasized the government’s commitment to advance the personal data bill and raise the standard of protection of this type of data in our country.

 

María Ignacia Ormeño Sarralde
Associate Attorney
Alessandri Abogados

 

In the framework of the constituent process and the beginning of the government of President Gabriel Boric, the Central University (UCEN) and the European Union (EU) held a conference to discuss the protection of personal data in the new constitution.

The event was inaugurated by the new Minister Secretary General of the Presidency (Segpres), Giorgio Jackson, who highlighted the commitment of the government (which took office on March 11) to promote the personal data bill, Bill No. 11,144-07, which “Regulates the protection and processing of personal data and creates the Personal Data Protection Agency”. This bill has been in the second constitutional stage in the Chamber of Deputies since January and its most urgent processing was requested last year.

Jackson pointed out that it is necessary to endorse from now on the commitment of the Executive branch with this project, in order to process it with the urgency it deserves. He also pointed out that the new president’s government program highlights his intention to accelerate the processing of the project, so that Chile “becomes a center for the provision of digital services”, placing special emphasis on the creation of a Personal Data Protection Agency, which will be the authority in charge of ensuring the effective protection of personal data and its supervision.

Likewise, on May 2, Minister Jackson stated before the Constitution Commission of the Chamber of Deputies that next week the executive will present indications for this bill, related to: improving definitions; incentives in relation to compliance programs; regulation of public access sources, restricting the scope of their exceptions; right of opposition to automated decisions; review of proportionality of fines; avoid possible conflicts with the powers of the Sernac, among others.

This bill has been in Congress for more than four years and its enactment is becoming increasingly necessary. It should be taken into consideration that the law in force today dates from 1999 (Law 19,628), therefore, it is not adapted to the current state of personal data processing.