Echoing the developments on this matter in Europe, the Chilean government has decided to create its own National Department for Personal Data Protection. It will be in charge of protecting individual data and it will report to the Ministry of Finance.

The new department will provide independent and technical services, ensuring compliance with regulations and protection. In addition, it will focus on advocacy and dissemination of the importance of this data protection.

Another significant positive development is the implementation of a direct method that enables anyone to request data access. This includes, but is not limited to the access, rectification, cancelation, or the blocking of collection or processing of personal data. Moreover, the courts will be enabled to appeal the resolutions adopted by the department.

This new department regulates both public and private sectors. It determines who may manage the personal data and who may adopt prevention models to avoid breaches in personal data.

However, there will be no changes regarding the current regulation of data related to economic, financial, banking or commercial obligations.

The department will also cover the international transfer of personal data, in line with the standards and recommendations of the Organization for Economic Co-operation and Development (OECD).

In initiating this domestic change, Chile is taking the first steps to come closer to other Latin American countries, which already have these personal data regulations in place. In general, the Latin American trend to protect personal data is becoming more important. This shift suggests a closer movement to the already established EU Guidelines for treatment on personal data protection.


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