On Monday March 5th at 5.00 p.m, the Chilean National Congress will finish its recess holding a special session and the bill that regulates the protection of Personal Data is one of the priorities in this year’s agenda. Two days after the inauguration of sessions, the Constitution Committee of the Senate will continue to debate the initiative. If it is passed, the measure will be sent to the Senate.

This bill seeks to modify Law Nº 19.628 on protection and treatment of personal data. This amendments will regulate the delivery or transfer of personal data, establishing the duties to be performed by the owner of the data and the person in charge of the database.

Seven principles will regulate the treatment of personal data, among which are: legality (the use of personal data will depend on the consent of the owner or a legal provision); purpose (the data must be used for the purpose explicitly indicated in advance); security (it regulates more strictly the handling of sensitive data, applying more serious penalties); and information (more severe sanctions for private companies that suffer data leaks and do not give notice to their holders). Additionally, it creates the Agency for the Protection of Personal Data, to which the affected parties may initiate a procedure for the protection of their rights.