CHILE Law and Practice Contributed by: Claudio Magliona, Bárbara Reyes and Diego Lisoni, Magliona Abogados
indicate an expedited way the addressees may request the suspension of the communications. Regarding data privacy, this practice requires consent from the data subject, unless the data comes from sources available to the public. 4.3 Employment Privacy Law The Political Constitution of the Republic of Chile guarantees the respect and protection of the pri - vacy and honour of a person and their family at a constitutional level. Such constitutional protec - tion extends to workers. The same protection is guaranteed in Article 5 of the Chilean Labour Code. According to the Labour Department of Chile, employers may regulate the conditions, fre - quency and timeliness of use of the company’s emails, but may not, under any circumstances, have access to the private email correspond - ence sent and received by employees. This would violate the fundamental rights granted by the Political Constitution of the Republic of Chile. If there is a breach of a worker’s privacy, and that worker is part of a union, the union may apply some pressure on the employer to fulfil the law. All means to control workers – including cyber - security tools – must comply with respect for the fundamental rights granted by the Political Constitution of the Republic of Chile, the right to privacy, a private life and the honour of workers. Therefore, control mechanisms are only allowed if they fulfil the following requirements: • they must necessarily be incorporated in the normative text that the law establishes for the effect, that is, the internal regulations of
hygiene and safety of the company, dictated in conformity with the law; • they may only be carried out by suitable means consistent with the nature of the employment relationship; • the application of control mechanisms must be general, and the impersonality of the measure must be guaranteed (ie, it must not be discriminatory); and • the dignity of the worker must be respected. There is no discovery system in Chile. 4.4 Transfer of Personal Data in Asset Deals As a general rule, in asset transactions, the per - sonal data protection regulations of the current law must be complied with, and eventually, from December 2026, the regulations of the New Law. However, for now, Chilean financial institutions must also comply with certain regulations for processing personal data during asset transac - tions and within the Open Finance System ( Sis - tema de Finanzas Abiertas , or SFA), issued by the CMF. For example, banks must require the presenta - tion of the taxpayer identification number (RUT) or the national identity card for various financial operations such as loans, purchase of securi - ties, opening of accounts, etc. This information is considered personal data. Likewise, banks must record the RUT or identity card number in the customer information or in the transaction document. On the other hand, the SFA (which will gradu - ally come into operation by 2027) will require that clients’ personal data only be transferred or transmitted to third parties in accordance with the applicable legal bases, and in compliance
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