Constitution Committee starts vote on personal data protection bill
18 abril 2019

On April 16, the Senate Constitution Committee started its voting process on a personal data protection bill (Exp. 11144). The bill reinforces data owner protection by adopting international standards outlined by the Organization for Economic Cooperation and Development (OECD). The voting began following a presentation by specialist lawyer Roberto Godoy outlining the nature and scope of the bill. The committee will evaluate the 302 proposed amendments from the Executive branch and senators, which have been compiled in the Indications Bulletin. In the last session, the first 35 amendments were voted on. Voting on the remaining proposals will occur over the next few days.

During the session, legislators began their analysis of the bill and its suggested amendments,  article by article. This makes it more likely that modifications be approved. Among the modifications already accepted, the incorporation of the data pseudonymization concept, which safeguards the identity of information owners, stands out. Senators argued that this definition is necessary to comply with the technical standards of data protection recently approved by the European Union.

Also, the committee agreed to leave pending all the amendments regarding the nature and make-up of the institution whose role it will be to control compliance with the provisions of this law. The committee did not accept the Executive’s proposal to give this prerogative to the Council for Transparency and Protection of Personal Data. On the contrary, it considered it necessary to carry out a broader debate to define the ideal organism for this role. This will happen once voting on the remaining amendments is complete.

The bill strengthens the rights of personal data owners. To this end, it adopts OECD international standards creating a balance between the protection of privacy, transparency and the free flow of information. Also it enshrines the rights of Access, Rectification, Opposition, Cancellation and Portability (ARCO+P)  and establishes a series of accountability requirements for those responsible for data management. The most recent action on the bill was in March 2018, when it was passed by the Senate. Since then, its article-by-article review by the committee had been pending, something that finally began April 16.

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