Chile considers delaying implementation of new data protection law

Chile is considering a one-year postponement of the implementation of Law No. 21.719 on Personal Data Protection. Originally scheduled to take effect on December 1, the government is discussing the delay with lawmakers due to difficulties in establishing the necessary regulatory infrastructure.

A primary obstacle is the lack of an operational Data Protection Agency (APDP). While the law requires the agency to be functional, the Senate recently rejected the government's proposed candidates for its council. This delay has created legal uncertainty for businesses and public services that must comply with strict new standards regarding sensitive information, including biometric data and facial recognition.

The new regulations introduce significant economic sanctions for non-compliance. Fines could range from approximately $358 million to $1.4 billion CLP, with the potential to reach 4% of a company's annual revenue for repeat offenders.

Experts warn that sectors handling highly sensitive information, such as healthcare, must continue preparing for these changes despite the potential delay. The law will redefine how organizations manage privacy, requiring transparency in surveillance, clear protocols for data retention, and explicit consent for processing personal information.