Financial Crime World

Chile’s Data Protection Law

The Chilean Data Protection Law (Law 19,628) provides a comprehensive framework for protecting personal data in the country.

Key Provisions

Data Subject Rights

  • Individuals have the right to access, rectify, delete, and oppose the processing of their personal data.
  • This ensures that individuals have control over their personal information and can correct any inaccuracies.
  • Consent must be obtained from individuals before collecting and processing their personal data.
  • This principle is fundamental in ensuring that individuals are aware of how their data will be used.

Sensitive Data

  • Sensitive data includes information related to:
    • Racial origin
    • Ideologies
    • Political opinions
    • Religious convictions
    • Health conditions
    • Sex life
  • These types of data require additional protection and precautions when processing.

Financial Data

  • Financial data is not specifically defined in the Law, but rules apply regarding its processing.
  • This indicates that financial information must be handled with care, but the specific guidelines are not outlined in this law.

Sectoral and Special Issues

Health Data

  • Health data is considered sensitive data and can only be processed with explicit consent or for determining health benefits.
  • This emphasizes the importance of protecting individuals’ medical information.

Biometric Data

  • Biometric data requires explicit consent and additional information from the data controller before processing.
  • This ensures that individuals are aware of how their biometric data will be used and provides them with control over its use.

Children’s and Students’ Data

  • The Bill establishes special rules for processing personal data of children and adolescents, prioritizing their best interests and respect for their progressive autonomy.
  • This indicates a focus on protecting the rights of minors in Chilean data protection law.

Internet, Streaming, and Video Issues

Browsing and Viewing Data

  • Chilean law does not regulate browsing and viewing data.
  • This suggests that individuals’ online activities are not subject to specific data protection regulations in Chile.

Cookies

  • Cookies gathering personal information require explicit consent from users.
  • This principle ensures that users are aware of how their personal information is being used when interacting with websites.