Chile enacts new Data Protection Law

The new law, inspired by the GDPR, establishes a Data Protection Authority. Natalia Jara Fuentealba of Data Driven Legal explains.

After several unsuccessful attempts to amend Chile’s current Law No. 19.628, entitled “Protection of Private Life” (the Data Protection Law), Congress and the Constitutional Court have approved the consolidated text of Bill No. 11144-07, merged with Bill No. 11092-07 (the Bill). The Bill was approved by the Constitutional Court on 14 November and will soon be published in the Official Gazette.

For over two decades, the Data Protection Law, enacted in 1999, contained outdated regulations, creating significant challenges in addressing the demands of a digital economy and modern data flows. It lacked recognition of various lawful bases for processing personal data, a legal framework for international data transfers, and provisions for establishing a Data Protection Authority. The new bill aims to update data protection regulations in line with Europe’s General Data Protection Regulation (GDPR) and proposes the establishment of a Data Protection Authority (the Agency).

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