CHILE

On February 21, the final version of the first systematized text of the Knowledge Systems Committee of the Constitutional Convention, which compiles the committee’s proposals on the right to communication, cultural life, cultural rights of indigenous peoples, the role of the State in connectivity and the eradication of digital violence, among others, was presented. It is expected that this compilation of initiatives will be addressed by the plenary in the short term. At the same time, we share with you the second systematized compilation that covers the right to knowledge, copyright, and indigenous intellectual property rights, among others.

It should be noted that the first systematized report of the committee’s draft standards covers initiatives related to cultural rights, digital rights, the right to cultural participation, the right to the body, the right to rest and bioethical principles. This document that we share with you gathers the results of the observation period of the systematization that we shared with you last week. Thus, this report now becomes the version to be analyzed by the plenary of the Convention. 

We also send you the document that brings together the second block of draft legislation under study in the committee. On this occasion, the initiatives referred to the right to knowledge, copyright, indigenous intellectual property rights, role of the state, data protection, right to digital information, right to memory, among others, were unified. You can access the proposal here. This document will be subject to a period of observation, so that the constituents can make possible changes to the wording. Once this process is completed, a new document will be consolidated and submitted to the plenary for consideration.

Among the articles that composed the systematized draft rules of the Knowledge Systems Committee, the following stand out:

Section “Indigenous Intellectual Property Rights”:

• Article 1.2. The indigenous peoples and nations have the right to preserve and control their own artistic creations of collective character, which can only be shared by the express will of the community or of the peoples who so decide according to their own customs and institutions. All artistic expression or collective art, in its most diverse manifestations, cannot be the object of individual appropriation or for academic or entertainment purposes or of a commercial nature without the prior, free and informed consent of the indigenous people or nation to which it belongs, without prejudice to the foregoing, consent must always be understood as provisional and revocable.

Section “Role of the State in copyright matters”:

For the full exercise of these rights, the self-determination of the peoples, their relationship with the land and territory, their own knowledge systems and institutions are recognized. The cultural heritage and intellectual property of the peoples is inviolable, non-seizable, non-delegable and imprescriptible, always respecting their own rights and institutions. This protection may include the adoption of measures to recognize, register and protect the individual or collective authorship of the peoples and nations within the regulation provided to them and must prevent the unauthorized use of the scientific, literary and artistic productions of the peoples and nations by third parties.

Section “Data protection”:

Everyone has the right to the protection of his personal data, to know what information is kept concerning him and to decide and control its use and not to be subject to a decision based solely on automated processing that affects his rights. All collection and processing of personal data is carried out on an exceptional basis according to the conditions provided by law, always in accordance with the principles of legality, fairness, transparency, security and purpose limitation. All collection and processing of sensitive data is prohibited, except in specific cases provided by law. Public bodies, within the framework of their legal powers, may operate and develop infrastructures for the collection, processing, access and reuse of personal data that ensure respect for fundamental rights.