Chile proposes modifications to Personal Data Protection Law

A new legislative project in Chile seeks to modify the implementation of Law 21.719 regarding Personal Data Protection. The proposal aims to expand the Board of Directors of the Data Protection Agency from three to five members and requires these members to have exclusive dedication to their roles.

One objective of the project is to delay the full enforcement of the law until December 1, 2027. Proponents argue this delay is necessary to ensure the Agency is properly installed and capable of setting standards before beginning inspections. However, critics suggest this could extend the ‘grace period’ for compliance for five years or more, potentially weakening privacy rights during the current presidential term.

Challenges to implementation include a lack of organizational readiness; a survey by the University of Chile indicated that only 29.11% of surveyed organizations have a clear data protection strategy, while over 54% do not perform impact assessments.