This story has been updated. Please see the most recent update below.

The Chilean Chamber of Deputies announced, on 8 May 2023, that Bill No. 11144-07 Regulating the Processing and Protection of Personal Data and Creating the Personal Data Protection Authority passed, on the same date, the Chilean Chamber of Deputies, and will now be considered in its third constitutional process by the Chilean Senate. In particular, the bill would, among other things, provide for various new definitions and several data subject rights, such as the right to access, rectify, or delete personal data, to oppose the processing of personal data, and the right to data portability. Moreover, the bill would:

• regulate the processing of special categories of data;
• outline obligations around:
  • Data Protection by Design and by Default;
  • adopting technical and organisational security measures;
  • a duty to report violations of security measures; and
  • data transfers and processing through a third party or agent; and
• provide for the creation of an autonomous legal body to serve as the Agency for the Protection of Personal Data.

You can read the press release here and track the bill's progress here, both only available in Spanish.

Updated: November 15, 2024

Data Protection Act approved by Constitutional Court

The Constitutional Court of Chile, on 14 November 2024, reviewed the constitutionality of Bill No. 11144-07 and Bill No. 11092-07 (collectively, the Data Protection Act), following the passage of both bills by the Senate on August 28, 2024, and their approval by the President on September 3, 2024.

The Act is now waiting to be published by Decree of the President.

You can read the judgment here, read both bills here, and view the legislative history of Bill No. 11144-07 here and of Bill No. 11092-07 here, all only available in Spanish.