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Feature Note / Newsletter

Progress on the bill on personal data protection: Council for Transparency will be the new Data Protection Agency

5 September, 2019

It has been estimated by the Government and the Congress that the amendments to Law No. 19,628 will become effective within the first half of 2020.

On August 5, in a tight vote, the Senate Constitution Committee approved that the Council for Transparency (CPLT) be the authority responsible for ensuring the protection of personal data.  The parliamentary discussion, still in the first constitutional procedure, focused on the organic aspects of the law that will modify the current law 19,628 on privacy protection.  From the designated body, its chairman, Jorge Jaraquemada, was optimistic, pointing out that CPLT has experience in reconciling transparency and data protection.

Among the issues that remain to be resolved for the next session are the appointment system for new counselors, its operation in different specialized rooms and the way in which the matters submitted to its decision will be resolved.  Likewise, there was no agreement regarding the role that the chairman of CPLT will have in this new scheme, due to the need to guarantee the independence and autonomy of this new body.

In other areas, the agreement already reached in relation to fines associated with sanctions in the processing of personal data -which reach figures of up to 10,000 UTM or 8% of last year’s profits, whichever is greater-, in the subtraction of the concept of “personal habits” in the definition of sensitive data, and in the subjection of search engines to the new law, stand out.  Added to the above is the agreement reached to change the name of the current law on privacy protection by the law that regulates the protection and processing of personal data.

Jaime Urzúa
Associate – Alessandri Abogados

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