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Country profile — Chile
Journal of Data Protection & Privacy,
2
(4),
389-396
(2019)
Abstract
This paper provides a general description of the Chilean personal data protection regime, especially in relation to the main piece of legislation that governs this matter in the country; that is, Law 19.628 ‘On the protection of private life’, commonly referred as the ‘Personal Data Protection Law’. It describes the main elements of the law, in addition to other relevant norms and compares it to the General Data Protection Regulation (GDPR) in Europe, where relevant. Chile was the first Latin American country to adopt a personal data protection law in Latin America; however, as the description of the current legal scenario shows, it is currently lagging behind in comparison to modern legislation such as the GDPR, which includes relevant distinctions, rights and principles not present in current Chilean law.
Keywords: data protection; Chile; privacy; GDPR
The full article is available to subscribers to the journal.
Author's Biography
Oscar Molina Oscar’s practice focuses on issues related to the protection and defence of intellectual property assets, technology contracts, privacy, domain names, software licensing and e-commerce. He also has significant experience in advertising issues, regulation in the entertainment industry and consumer protection. He holds an LLM degree from New York University and from the National University of Singapore. Oscar has been recognised by the prestigious legal ranking Chambers & Partners in the area of intellectual property and recommended in the Leaders League in the area of Technology and Digital Services. He currently serves as Chapter Co-Chair for Chile at the International Association of Privacy Professionals (IAPP) and has been certified by the same organisation in privacy management.
Andrea Céspedes is an Associate at Albagli Zaliasnik and a member of the firm’s Intellectual Property, IT & Data Protection Group. Andrea advises national and international clients on matters of intellectual property. Her practice is focused on copyright and technology contracts, distribution and franchise agreements, e-commerce agreements, personal data contracts and policies, as well as general legal advice related to transactional intellectual property and new technology matters. She also participates in registration and litigation procedures brought before the Chilean Trademarks and Patents Office. Andrea is a member of the International Association of Privacy Professionals (IAPP).
