How to invest in Chile: Personal Data Protection

Chile has a regulation to protect people against unauthorized access to their privacy, including use of their personal data by private individuals.   

In Chile there are regulations that protect an individual’s privacy from unauthorized access to personal data held in records or databanks by individuals or government institutions.

This includes both personal and sensitive information related to their private life, physical characteristics, health conditions, etc. 

How is personal data protected in Chile?

The law on Protection of Privacy and its amendments include three principles:

• The principle Lawfulness: which indicates that personal data can only be processed when it is legally authorized;
• The principle of Purpose: which indicates that personal data may only be used for the purposes for which it was collected.
• The principle of Information and Consent given by the Individual: which indicates that the processing of personal data is only possible with the express authorization of the law or authorization given by the individual. 

What personal information can be disclosed in Chile?

The law also stipulates that there is some information of an economic nature that can be disclosed, including information regarding promissory notes, protested checks, debts with basic service providers, student loans, and protested documents or delinquent debts originated while the debtor was unemployed.   

How are personal data violations sanctioned in Chile?

Chilean law permits the affected parties to go to court to protect their rights in relation to how their personal data is processed. If the claim is accepted, the judgment will set a reasonable term to comply with the decision and may apply a fine 1-10 Monthly Tax Units (Unidades Tributarias Mensuales or UTM) or 10-50 UTM if the data were related to economic, financial, banking or commercial obligations.  

Failure to comply with the court’s decision is punishable with a fine of up to 50 UTM and if a state agency is responsible for the database concerned, the court may suspend the head of the service from his or her duties for a period of five to fifteen days. In rare instances, if the reason invoked to deny the request is national security or national interest, the claim must be filed before the Supreme Court. 

To learn more in detail about personal data protection and other material relevant to starting your business in Chile, download the chapter of our step-by-step guide for Foreign Investors.  Other chapters of the guide also contain useful information about Labor Laws, Taxes and Environmental Assessment.