CHILE Law and Practice Contributed by: Claudio Magliona, Bárbara Reyes and Diego Lisoni, Magliona Abogados
3. Data Regulation on IoT Providers, Data Holders and Data Processing Services 3.1 Objectives and Scope of Data Regulation The Law in Force Purpose: Law No 19.628 on the protection of privacy in Chile aims to protect the privacy of individuals and prevent the misuse of their per - sonal data. Scope: The law applies to all processing of personal data carried out in the country. This includes public and private bodies that store personal data in registers or data banks. Rights of data subjects: • to access their personal data; • to rectify their personal data; • to cancel their personal data; and • to express their opposition to the processing of their personal data. The New Law The purpose of the New Law will be to regu - late the form and conditions under which the processing and protection of the personal data of natural persons is carried out. It applies to any processing of personal data carried out by a natural or legal person, including public bodies. This does not apply: • to the processing of data carried out in the exercise of freedom to express an opinion and to inform, regulated by the laws referred to in Article 19, No 12 of the Political Consti - tution of the Republic of Chile; or
Sánchez v WorldCoin • In this case, the Court of Appeals of Valparaí - so rejected the protection action filed by an individual against WorldCoin. The ruling was confirmed by the Supreme Court in Decem - ber 2024. • The court argued that the plaintiff consented to the scanning of his iris in exchange for cryptocurrency and that concerns about data storage on the blockchain should be resolved through the specific procedures established in Law No 19.628 (eg, the right to the sup - pression of personal data). Lagos v WorldCoin • The Supreme Court upheld the protection appeal filed on behalf of a minor against WorldCoin in January 2025. • The court argued that the company had not obtained the informed consent of the minor to scan their iris and that the deletion of their data from the database needed to be demon- strated more rigorously. • The court also highlighted the reinforced protection that must be given to the personal data of minors. 2.3 Collective Redress Mechanisms SERNAC could bring collective actions on behalf of the collective or diffuse interests of consum - ers before the courts. The most recent and publicly relevant case has been the infringe - ment complaint before the courts against World - Coin, explained in the previous section (see 2.2 Recent Case Law ).
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