In our country, the law that applies to personal information is the protection of personal data (Number 19,628), in force since August 1999, with changes in the years 2002 and 2011.
The processing of personal data (if any operation or complex of operations or technical procedures, automated or not, that allow to collect, store, record, organize, process, select, extract, compare, interconnect, dissociate, communicate, yield, transfer, transmit or cancel personal data, or use them in any other form.) can only be done if the person authorizes, prior knowledge of the purpose for which the data is maintained and the possibility of making it public. Both the authorization and the revocation of the authorization must be done in writing. No authorization is necessary if the data can be found in a public register when they are of an economic, financial, banking or commercial nature, they are contained in lists related to a category of persons that are limited to indicating information such as the individual's membership. That group, their profession or activity, their educational qualifications, neither addresses or date of birth, or are necessary for commercial communications of direct response or commercialization or direct sale of goods or services, nor is authorization required for the exclusive private use of companies.
Whoever is responsible for the data processing (or responsible for the registration), can transmit the data they own to third parties, without the need for human intervention, when a) the rights of the persons whose information is in the data are guarded and b) the transmission is related to the tasks and purposes of the participating organizations. For the transmission to be made, you must have the following information:
a) The individualization of the requesting party;
b) The reason and purpose of the request (this is important for the third party, because only the information granted for the indicated reason can be used), and
c) The type of data that is transmitted.
The owner of the data is the one who declares the admissibility of sending the data. The rule does not apply if the information is accessible to the public or transmitted to international organizations in the case of treaties.
The data must be eliminated, in a secure manner, when it lacks a legal basis or has expired (meaning the one that has lost relevance due to the provision of the law, the fulfillment of the condition or the expiration of the period indicated for its validity. or, if there is no express norm, due to the change in the facts or circumstances that it sets forth). They have to be modified if they are erroneous, inaccurate, equivocal or incomplete. And they have to be blocked (that is, the temporary suspension of any processing operation of the stored data, which means that they cannot be operated in any way) the data whose accuracy cannot be established or whose validity is doubtful and with respect to the cancellation does not correspond. All the above must be done by the owners of the data.
People who have a job in relation to personal data must keep secret about these data, unless they are public knowledge, this obligation does not cease once the employment relationship ends.
The data must be used only for the purposes for which they were collected, unless they are obtained or come from public access sources, all information must be accurate and real.
Sensitive data cannot be treated (these are personal data that refer to the physical or moral characteristics of people or to facts or circumstances of their private life or privacy, such as personal habits, racial origin, ideologies and political opinions , religious beliefs or convictions, physical or mental health states and sexual life.)
The owner of the personal data of third parties must be diligent, being responsible for the damages caused by their lack of diligence.
Everyone has the right to demand information from the person responsible for their treatment, the information they have about it, its origin, its purpose and the organizations or companies that had access to them. Another right that people have is to request the modification, blocking or cancellation of the personal data collected, in the corresponding cases, being an additional cause to those already indicated, the fact that they are used for commercial communications and do not wish to continue appearing in the respective registry, whether definitively or temporarily; When these modifications or cancellations are made, a free copy must be given to the person with the updated information, in addition to the data processor, if you sent these inaccurate data to third parties, you must notify them of its modification as soon as possible, if you know the third parties, giving information to them in a personal way, if they did not know them, giving public notice, this right is inalienable for the parties. Likewise, people have the right to obtain a free half-yearly copy of the data that the treater has in their possession.
Modification, blocking or cancellation cannot be requested in the following cases:
a) When this prevents or hinders the proper performance of the auditing functions of the required public body, or
b) Affect the reservation or secret established in legal or regulatory provisions, the national security or the national interest; or
c) The data stored by legal mandate, outside the cases contemplated in the respective law.
If the person responsible for the data does not respond to the request, within 2 days of request, or refuses for reasons other than national security, the person can go to the court of letters to request the modification. The request will be notified by cedula, and the data processor has 5 days to answer and give all the evidence, if it does not have it in its power, it can request that a hearing be held to take the test. Subsequently a judgment will be handed down, on which recourse of appeal is made, within the period of 5 days from the notification, on appeal no appeal of cassation. If accepted, a deadline for compliance will be given and the controller can be fined with a fine of 1 to 10 UTM, if not complied with, a fine of 2 to 50 UTM will be imposed.
The responsible party shall be liable for all damages caused by the improper treatment, in addition to ordering its modification, blocking or cancellation, and the judge may take the measures to protect the rights, the compensation shall be determined by the judge.
 (online) www.sii.cl/diccionario_tributario/dicc_u.htm
Monthly Tax Unit (UTM): Unit defined in Chile that corresponds to an amount of money expressed in pesos and determined by law, which is updated permanently by the Consumer Price Index (CPI) and is used as a tax measure.
 This report was made by Álvaro Morales Cabezas, a lawyer with a degree from the Catholic University of the Most Holy Conception
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