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Chile Proposes Strengthening Data Protection Laws

The government of Chile has introduced a bill aimed at enhancing data protection laws in the country. The proposed law aims to align with international standards and provide stronger rights for individuals.

I. Data Protection Principles

The Bill establishes clear principles for processing personal data, including:

  • Transparency: Controllers must be transparent about their data collection practices.
  • Accountability: Controllers are accountable for ensuring the security and accuracy of the data they process.
  • Security: Measures must be taken to protect against unauthorized access or theft of personal data.
  • Proportionality: Data processing activities must be proportionate to the purpose for which the data was collected.

In addition, controllers are required to obtain explicit consent from individuals prior to processing their personal data. This consent must be:

Consent must meet the following criteria:

  • Specific: Individuals must understand what they are consenting to.
  • Informed: Individuals must have access to clear and concise information about how their data will be used.
  • Unambiguous: Consent must be clear and unmistakable.

Controllers cannot obtain consent through deception or coercion. Furthermore, data processors who delegate part of the processing to another processor remain jointly and severally liable for the processing.

III. Data Subject Rights

The Bill includes several key rights for individuals, including:

  • Access: Individuals have the right to access their personal data.
  • Rectification: Individuals can request corrections or updates to their personal data.
  • Cancellation: Individuals can request that their personal data be deleted.
  • Objection: Individuals can object to the processing of their personal data.
  • Portability: Individuals can request a copy of their personal data in a machine-readable format.
  • Automated Decision-Making: Individuals cannot be subject to automated decision-making without human oversight.

The Bill provides detailed definitions for each right and establishes an administrative procedure for claims.

IV. Penalties

The proposed law introduces several penalties for non-compliance, including:

  • Fines: The highest fines are raised to $375,000 or 4% of annual income (with a maximum of $750,000).
  • Suspension of Data Processing: A sanction is introduced: suspension of data processing for up to 60 days.
  • Enforcement Decisions: Enforcement decisions are not applicable in this context.

Overall, the proposed law appears to be aligned with international standards and aims to strengthen data protection rights for individuals in Chile.