Law: Law No. 19.628 on the Protection of Private Life 1999 (only available in Spanish here) (the Law)

Regulator: Currently, oversight is carried out by the Chilean Transparency Council (CPLT).

Summary: Law No. 19.628 on the Protection of Private Life 1999 (only available in Spanish here) (the Law) was promulgated on August 18, 1999, and governs the data protection framework in Chile. In particular, the Law considers consent as a legal basis for data processing and provides for data subject rights including access, rectification, cancellation, and objection. The Law also addresses personal and sensitive data. However, it does not consider biometric, georeferenced, or minors' data. Notably, the Law neither provides a catalogue of violations, nor establishes an official data privacy authority.

Currently, there are legal reforms underway to modernize the Law and bring about increased protections for data subjects. In this regard, Bill No. 11144-07 Regulating the Processing and Protection of Personal Data and Creating the Personal Data Protection Authority (only available in Spanish here) (the Bill) is under discussion in the Chilean Senate, which takes inspiration from the EU's GDPR.

Specifically, the Bill would bring Chile in line with international standards by establishing rights for access, rectification, cancellation, or deletion of personal data, and data portability, as well as introducing a new legal basis for data processing, and special categories of personal information.