What is Chile’s Law no. 19,628?

Law 19,628 of Chile is the main data protection law in this Latin American country. The first regulation on the protection of private life in Chile was adopted in 1999, but without an official data protection authority. In 2021, an amendment was made with a proposed law that established the Personal Data Protection Agency (as a protection authority).

This law specifies how to collect, select, store, organize, elaborate, lend, transfer, extract, confront, connect, communicate, or cancel personal data (PII). Whether the procedure or sequence of operations is automated or not.

According to Law 19,628, the legal basis for data processing is the consent of the data subject. But there is a wide range of exceptions that allow the processing of personal data without the consent of the data subject.

Who does the law 19,628 apply to?

Law 19,628 applies to public and private organizations and regulates personal and sensitive data of identified natural people. The law applies to the territory of Chile and does not consider biometric, georeferenced or minor data.

Law’s 19,628 data subject’s rights

According to this law, data subjects have the right to:

• Request all the information related to them (such as the purpose of the destination and the origin of the data collection)
• Request the change of incorrect data
• Request deletion of data, if storage is unlawful or expired
• Withdraw consent
• As well as the right to request changes, i.e. deletion or blocking of previously provided data

Today, the agency for the Protection of Personal Data has the authority to implement and apply sanctions for non-compliance, in order to ensure the effective realization, implementation, and fulfillment of the rights of data subjects.

Penalties for non-compliance with the law can be up to 750,000 USD, and in case of repetition, the Agency can impose a fine of up to three times the amount of the specified violation.

Ensure that your business adheres to this privacy act if it falls under the mentioned category. To simplify compliance, Jira and Confluence apps are available to assist companies in navigating the requirements of Law 19,628 and communicating them to their users.