Regulatory Changes for Protection of Personal Data: Chile [RECAP]

Regulatory Changes for Protection of Personal Data Chile [RECAP]

May 10, 2018

Thursday,

May 10,

2018

9:30AM-11:00AM

Auditorio de la Facultad de Comunicaciones Av. Libertador Bernardo O’Higgins 340 – Santiago

Chilean experts discuss the role that SMEs should have personal data protection legislation

  • NGO Data Catalyst convened experts in personal data protection with Senator Felipe Harboe to discuss the new legislation that is being discussed in the Chilean congress.
  • Senator Harboe was open to the regulation including differentiated treatment for SMEs.

Legislation about protecting personal data was the theme of a May 10 meeting of experts at Universidad Católica, in the framework of a seminar “Regulatory Changes for the Protection of Personal Data: One Way To Go”. Participants include Senator Felipe Harboe; public sector innovation expert and Data Catalyst advisor Alejandro Barros; the founder of Licitaciones Inteligentes, Simón Echavarría, on behalf of Start-Up Chile; the executive director of Derechos Digitales, María Paz Canales; and Marcelo Drago, president of the Council for Transparency in Chile.
Claudio Magliona, partner of the law firm García Magliona & Cía, acted as moderator. Regarding what should be included in the legislation about personal data protection, the panelists highlighted the care that each citizen should have regarding their personal information. However, faced with the role that the different actors should have in the discussion regarding the new legislation, the panelists pointed out to Senator Harboe that the role of SMEs is critical to the discussion. In response, Senator Harboe was receptive to the concerns or the panelists, and said that as in matters of free competition, the regulations can be differentiated for small businesses. The discuss emphasized that small business should be participants in the legislative discussion, and also that SMEs must educate themselves about the legislation. Attendees also emphasized that the regulation for the treatment of data contemplates the private sector, but also the public sector, considering all the antecedents that the State handles over people. In this line, the need for the public sector to centralize the information it handles was pointed out and, for example, the RUT is not requested each time a person enters a public distribution. In the same line, the discussion the right to forget that certain people must have regarding their data, such as when someone is arrested by the pólice but no charges are filed. In that case, they commented, the data of that incident should not be recorded.
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