Law On the Protection of Private Life. This law Ley Sobre la Proteccion de la Vida Privada General Secretariat of the Presidency in Chile. Amends Law Nº 19,, On Protection Of Private Life. Original Language Title: MODIFICA LA LEY Nº , SOBRE PROTECCION DE LA VIDA PRIVADA. Download “Ley , Sobre protección de [ ]” (41 K) Preview External identifier: LEY Content type Organisation / State of judicial body: Chile.
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The Constitution of the Republic of Chile of recognizes the right to privacy. Article 19 secures for all persons: The home may be invaded and private communications and documents intercepted, opened, or inspected only in cases and manners determined by law.
Chile is the first Latin American country to enact a data protection law. The law contains a chapter dedicated to the use of financial, commercial and banking data, and specific rules addressing the use of information by government agencies. It also includes fines and damages for the unlawful denial of access and correction rights.
Only databanks in the government must be registered. The law was slightly amended in  and modifies the Labor Code by providing that employers cannot condition hiring an employee on the lack of personal or economic debts.
Since the Law for the Protection of Private Life was passed innineteen bills aimed to modify it have been presented current to May This bill establishes criminal sanctions for the chils data processing chie data controllers. On September another bill that modifies the Law for the Protection of Private Life was introduced.
The law has been criticized for certain ambiguities in its language, such as for the concept of “public access source” and “sensitive personal data.
EPIC Privacy and Human Rights Report – Republic of Chile
For example, no difference is made between “personal” and “sensitive” data, such as data revealing political opinions, religious beliefs, or health or sex life; and the law lacks control mechanisms aimed at sanctioning illegitimate data processing by data controllers. On May 28,Law In AugustDecree No. Two pending bills aim at reforming the Penal Code with respect to cybercrimes. The first one modifies Law No.
In NovemberLaw Under this law, the collection of information by recording, wiretapping, or other secretive means, is prohibited.
Such surveillance may be conducted in narcotics-related cases upon the issuance of a judicial order. In JanuaryLaw No. In Decembera regulatory order  provided that ministries that use electronic communications must keep records of all their communications for at least six years. This information would include photos, fingerprints, physical characteristics and other information deemed useful for effective crime prevention.
Chile’s transition to democratic rule in did not eliminate personal privacy violations by government agencies. The Investigations Police — a plainclothes civilian agency that functions in close collaboration with the International Criminal Police Organization Interpol and with the intelligence services of the army, navy, and air force — keeps records of all adult citizens and foreign residents and issues identification cards that must be carried at all times.
In Januaryformer dictator General Augusto Pinochet threatened to use “compromising information” from secret military intelligence files against those who were trying to keep him from becoming a Senator for Life, a position that would provide immunity from civil suits and public accountability for crimes that took place during his dictatorship. Inthe United Nations Human Rights Committee criticized the requirement that hospitals report all women who receive abortions. A privacy law sets penalties for those who infringe on the private and public life of individuals and their families.
The privacy law has never been applied to the media. In the Supreme Decree was passed. The case was based on the abuse of the dominant position of the CCS in the market of credit information based on the fees that debtors have to pay to the CCS in order to make a clarification. On October 25, the Supreme Decree that partially modifies the Supreme Decree was enacted.
In Novemberthe CCS adopted a good practices code for electronic commerce and trained their associated companies on issues related to personal data protection and customer rights on electronic transactions. In Aprila group of congressmen introduced a bill that prohibits information exchange agreements between public institutions and companies dedicated to the commercialization of commercial background, economic, financial and banking information.
The processing of personal data by a public body chilf only be performed in relation to matters of its responsibility specifically those included in Article 17 of this law, 119628 the provisions of the rules.
In these conditions it will not require the authorization of the data subject. According to the agreement, the companies publish a list of debtors who in the last three years have fiscal debts and have not approached the institution to express their willingness to sign a payment agreement. The TGR states that under Decision In Marcha bill was introduced that requires banks and other financial chjle to provide a written answer to their clients explaining the reasons for denial leg a request of credit.
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In Aprilnine Congressmen introduced a bill similar to the one described above, that establishes a specific prohibition of the existence and use of historic registers. The law establishes that contracts and agreements entered into through the use of electronic signatures shall be equally valid and effective as those executed on paper.
The same provisions are applicable to advertisements coming via regular let, fax or chils. These communications must indicate an easy mechanism to avoid future similar distribution.
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In Marcha bill that modifies Law These orders of apprehension were later revoked. Joe Doe has requested the elimination of such registries due to their lack of accuracy. The police organization had rejected the request even though they recognized the inaccuracy of the data.
In Octoberwithin the framework of an investigation on governmental irregularities, Judge Gloria Ana Chevesich order to seizure e-mails sent and received between and by more chils government officials. The workers allege that the order violated its right to privacy. The Court of Appeals of Santiago considered that the order was neither arbitrary leh illegal. Chile entered in October into a bilateral association agreement with the European Union EUby which the two parties agree on cooperating in the increase of the level of data protection on each other’s sides.
The new law also provides that the “”right to forget”” the duration personal data can be stored is reduced to chole years for commercial debts and to zero years if the debt has been paid. As of May there is no further hcile. This bill started its procedure at the Lower House on Chhile 9, A Country Report, United States Library of Congress. Proyecto que Modifica la Ley The Supreme Court revokes the decision of the Appeals Court of Temuco that rejected the remedy of dhile protection against the General Treasury of the Republic.
The decision joins those other two issued by the maximum Justice Court of Chile against the same public institution and for the same trial. Introduced to consideration on March 23, Processed since April 11, Date and hour of the information request, detail of the reasons by which the check was not accepted as a payment instrument.