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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It also includes fines and damages for the unlawful denial of access and correction rights. In JanuaryLaw No. In Octoberwithin the framework of an investigation 1628 governmental irregularities, Judge Gloria Ana Chevesich order to seizure e-mails sent and received between and by more than government officials.

As of May there is no further development. The Constitution of the Republic of Chile of recognizes the right to privacy.

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. On October 25, the Supreme Decree that partially modifies the Supreme Decree was enacted.

EPIC — Privacy and Human Rights Report

The privacy law has never been applied to the media. In Marcha bill was introduced that requires banks and other financial institutions to provide a written answer to their clients explaining the reasons for denial of a request of credit. The Supreme Court revokes the decision of the Appeals Court of Temuco child rejected the remedy of deduced protection against the General Treasury of the Republic.

The police organization had rejected the request even though they recognized the inaccuracy of the data. Such surveillance may be conducted in narcotics-related cases upon the issuance of a judicial order. Processed since April 11, The workers allege that the order violated its right to privacy.

Chile is the first Latin American country to enact a data protection law. Proyecto que Modifica la Ley These orders of apprehension were later revoked. Inthe United Nations Human Rights Committee criticized the requirement that hospitals report all women who receive abortions.

United States Library of Congress. Article 19 secures for all persons: In the Supreme Decree was passed.

This bill establishes criminal sanctions for the illegitimate data processing by data controllers. In Aprilnine Congressmen introduced cchile bill similar to the one described above, that establishes a specific prohibition of the existence and use of historic registers.


ley chile pdf file

The Investigations Police — a plainclothes civilian hcile 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.

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. 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.

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.

The processing of personal data by a public body can only be performed in relation to matters chille its responsibility specifically those included in Article 17 of this law, under the provisions of the rules. In NovemberLaw This information would include photos, fingerprints, physical characteristics and other information deemed useful for effective crime prevention.

196228 communications must indicate an easy mechanism to avoid future similar distribution. 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.

ley 19628 chile pdf file

On May 28,Law In these conditions it will not require the authorization of the data subject. The first one modifies Law No. 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 Court of Appeals of Santiago considered that the order was neither arbitrary nor illegal. The law 16928 slightly amended in [] and modifies the Labor Code by providing that let cannot condition hiring an employee on the lack of personal or economic debts. In AugustDecree No. Date and hour of the information request, detail of the reasons by which the check was not accepted as a payment instrument.


The new law also provides that the “”right to forget”” the duration personal data can be stored is reduced to five years for commercial debts and to zero years if the debt has been paid. Chile’s transition to democratic rule in did not eliminate personal privacy violations by government agencies. Only databanks in the government must be registered. Since the Law for the Protection of Private Life was passed in 91628, nineteen bills aimed to modify it have been presented current to May Joe Doe has requested the elimination of such registries due to their lack of accuracy.

A Country Report, In Marcha bill that modifies Law The decision joins those other two issued by the maximum Justice Court of Chile against the same public institution and for the same trial.

The law has been criticized for certain ambiguities in its language, such as for the concept of “public access source” and “sensitive personal data. Two pending bills aim at reforming the Penal Code with respect to cybercrimes.

The home may be invaded and private communications and documents intercepted, opened, or inspected only in cases and manners determined by law.

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. 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.

Under this law, the collection of information by recording, wiretapping, or other secretive means, is prohibited. The same provisions are applicable to advertisements coming via regular mail, fax or telephone.

In Decembera regulatory order [] provided that ministries that use electronic communications must keep records of all their communications for at least six years.