CHILE Law and Practice Contributed by: Claudio Magliona, Bárbara Reyes and Diego Lisoni, Magliona Abogados
Data Subject’s Rights The New Law significantly expands the rights of indi - viduals, enhancing their control over their personal information. These rights are personal, non-transfer - able, and cannot be waived. • access – the right to obtain confirmation from the controller about whether their data is being pro - cessed and to access specific information about the processing, such as purposes and recipients; • rectification – the right to request the modification or completion of data that is inaccurate, outdated, or incomplete; • suppression (deletion) – the right to request the elimination of data when, for example, it is no longer necessary for the collected purpose or when consent is revoked; • opposition – the right to object to specific process - ing activities, particularly when based on legitimate interest or for direct marketing purposes; • portability – the right to receive a copy of provided personal data in a structured, commonly used, and machine-readable format to transfer it to another controller; • blocking – the right to request the temporary sus - pension of any processing operation on the stored data; and • automated decisions – the right not to be subject to decisions based solely on automated process - ing, including profiling, which produce legal effects or significantly affect the individual. Compliance “To-Dos” for Organisations As the New Law creates a 24-month vacancy period before full enforcement begins in December 2026, organisations must utilise this time to adapt their internal processes. The following steps are essential to ensure compliance and mitigate the risk of severe sanctions: • Conduct a Gap Analysis and Data Mapping: It is highly advisable to perform a comprehensive diagnosis to identify the current state of their data processing activities compared to the new regula - tory standards. This involves creating a Record of Processing Activities (RAT) to identify the types of data treated (especially sensitive data), the lawful basis for each processing activity, and data flows.
• Lawfulness and Loyalty: Data must be processed lawfully and fairly, and the controller must be able to prove the lawfulness of the processing. • Purpose: Data must be collected for specific, explicit, and lawful purposes and cannot be pro - cessed for different objectives, unless they are compatible with the original purpose or authorised by the data subject. • Proportionality: Data processing must be limited to what is necessary, suitable, and relevant for the specific purposes. • Quality: Data must be accurate, complete, current, and relevant. • Security: The data controller must guarantee ade - quate security standards to protect data against unauthorised access, loss, leakage, or destruction. • Transparency and Information: Controllers must provide clear and accessible information regarding their data processing policies and practices to the data subjects. • Confidentiality: Controllers and anyone with access to data must maintain secrecy, a duty that persists even after the relationship with the data subject ends. • Accountability: Those processing data are legally responsible for complying with these principles and obligations. Requirements for Processing (Lawful Bases) For data processing to be lawful, it must rely on a valid legal basis. While consent is the general rule, it is not the only basis for processing. • Consent: It must be free, informed, specific, and unequivocal, given through a clear affirmative action or declaration. • Contractual Necessity: Processing is permitted if necessary for the conclusion or execution of a con - tract between the data subject and the controller. • Legal Obligation: Processing is allowed when nec - essary to comply with a legal obligation. • Legitimate Interest: Data may be processed to satisfy the legitimate interests of the controller or a third party, provided this does not override the rights and freedoms of the data subject.
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