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General Information |
|
| GDP | USD277.2bn (World ranking 38, World Bank 2013) |
| Population | 1.0mn (World ranking 60, World Bank 2013) |
| Form of state | Republic |
| Head of government | Michelle BACHELET (Nueva Mayoria Party) |
| Next elections | 2017, presidential and legislative |
Apoquindo 3721
Piso 14
Las Condes, Santiago, Chile
Partner
Senior Associate
Chile has enacted the following laws and regulations regarding the protection of personal data:
■ Law No. 19,628 concerning the protection of personal data applicable to the public and private databases (last amended by Law No. 20,575 of February 17, 2012);
■ Decree No. 779 (year 2000) of the Ministry of Justice, concerning the regulations applicable to databases of personal data maintained by public entities;
■ Law No. 20,285 that regulates access to the public information and protects personal data in article 5 (first paragraph), article 21 No. 2 and article 33 m); and
■ Decree No. 13 (year 2009) of the General Ministry of the Presidency, containing regulations implementing Law No. 20,285.
Personal data means any information concerning identified or identifiable natural persons.
Sensitive data means personal data regarding the physical or moral characteristics of
an individual, facts or circumstances of an individual’s private life or intimacy, such as personal habits, race, ideologies, political opinions, beliefs or religious convictions, current physical or psychological health status, and sex life.
The Jueces de Letras (first instance courts), the Appeal Courts and the Supreme Court serve
as the national authorities in charge of the protection of the personal data. The Consejo para la
Transparencia has authority regarding the personal data held by any public entity.
Chilean law contains only one registration requirement in respect of databases of personal data held by public entities. This registry is maintained by the Services de Resistor Civil (article 22, Law No. 19,628).
There is no registration requirement for private databases (although private databases may be registered for IP protection purposes on the national Intellectual Property Registry, according to the Law No. 17,334).
The distributors of registries or databases that contain personal data of an economic, financial,
Banking or commercial nature, must appoint a natural person in charge of the treatment of the personal data, with whom the data subjects exercise his/her rights granted under
Law No. 19,628 (e.g. the right to request an accounting of information held and disclosed by the database owner during the previous 12 months).
Under Law No. 19,628, the processing or use of personal data is only permissible under the following specific circumstances:
■ Where expressly Authorized by the Law;
■ With the express authorization of the individual data subject;
■ When the personal data have been collected from public sources;
■ When the personal data is economical, financial or commercial in nature;
■ When the information is contained in listings related to a specific category of individuals that only disclose information such as the allegiance of such individual to such specific group,
His/her profession or activity, educational diplomas, address and date of birth;
By a private legal entity for the exclusive use of the entity, its affiliates and associates; and■ By entities affiliated with any of the above mentioned legal entities that use the information for statistical purposes, price listing purposes or other purposes for the general benefit of its associates.
When the personal data concerns economic, financial or commercial obligations, Chilean law
Imposes special obligations:
■ Such data may only be processed for the purposes of assessing credit risk or processing credit
Approvals;
■ Disclosure of such data can only be made to “established merchants” and entities that participate in the credit risk assessment, and then only for the purposes of credit approval;
■ Such data cannot be requested during processes of personnel selection, pre-school admission, undergraduate or graduate admissions, emergency medical care or application for a public office;
■ Controllers of such databases or distributors of such registries or databases, in carrying out their business, must adhere to the following principles: legitimacy, access and opposition, information, quality of data, finality, proportionality, transparency, non-discrimination, limits of use and security in treatment of personal data. In the event of a civil complaint by a data subject, the controller has the burden of proof in demonstrating to the judge that the controller exercised due diligence in its treatment of personal data;
■ Distributors of registries or databases of such nature shall have a registration system that tracks access and delivery of personal information, identifying the name of the person or entity who requested the information, the purpose, date and time of the request, and the person responsible for the delivery of the information. Data subjects (referred to as data holders under Chilean law) may request, every 4 months and at no cost, an accounting of the information registered in such system during the last 12 months;
■ Data subjects may request that the entities responsible for such databases provide to them a certificate of the past due credit obligations registered in such databases (which is different from a general credit risk assessment);
■ The database controllers may only communicate personal data regarding past due credit
Obligations where the default of the individual is unquestionable;
■ the database controllers may not communicate obligations that have already been extinguished, or whose due dates and conditions have been extended, renegotiated, novated, or that became payable more than 5 years earlier; and
■ The law suspends communication regarding any debts of the unemployed (until the person becomes employed).
In any case, personal data must be precise, updated and consistent with the real situation of the individual to whom the data relates. Furthermore, data obtained from non-public sources may only be used for the purposes for which they were collected.
The law expressly prohibits any kind of predictive models or commercial risk scoring that are not based solely on objective information concerning delinquencies or rejected/returned negotiable instruments (e.g. checks) of individuals or entities. An individual affected by a violation of this prohibition may require that the information be immediately eliminated from the database and may seek damages against the responsible entity.
The processing of sensitive data is permitted only: (i) where expressly authorized by the law; (ii) with the consent of the data subject; or (iii) for the purpose of providing health benefits.
The Law No. 19,628 entitles any person to request from a public or private entity information regarding: (i) his/her personal data held by the entity; (ii) the source of the data; (iii) the purpose of storage; and (iv) the identity of the persons or entities that have received his or her personal data from the entity. The data subject’s right to request access to, demand modification or deletion of, or to block future use of his or her personal data, cannot be limited by agreement.
The transfer or disclosure of personal data is subject to substantially the same restrictions as those applicable to collection and processing.
Entities may be liable to data subjects for security breaches. The party responsible for any database of personal data has a duty to protect the information it contains and is responsible for any damages suffered as a result of non-compliance with this obligation.
Chilean law regulates the security of any electronic transmission of personal data. The law states that the database owner may use an automatic procedure to transfer personal data, provided that the rights of the individuals are safeguarded and the transmission relates
to business purposes of the parties to the communication. Further, for any electronic transmissions, an entity must keep a record of the: a) identity of the person requiring the information; b) motive and purpose of the transfer; and c) kind of data that is transmitted.
Chilean law mandates that any employees of public or private entities who handle personal information are subject to a confidentiality obligation that extends after the termination of their employment agreement. However, it does not require implementing specific security measures.
In Chile, there is no duty to notify a data subject or regulator when personal data is lost or stolen.
If the owner controller of a registry or database, does not respond to a data subject’s request within 2 business days, or denies the request, the data subject may file a claim before the
Juez de Letras for the protection of his or her rights. Any decision of the Juez de Letras may be appealed to the relevant Appeals Court. The Supreme Court determines cases where access is denied based upon a national security or the national interest.
Courts are authorized to impose a fine of 2 to 50 UTM (as of this writing approximately
US$170 to $4,250).
In addition, Law No. 20,285 provides that any person may demand a public entity to eliminate any of his or her data collected, processed or stored in violation of the applicable law. If the public entity denies the request or if it does not provide any answer, the data subject may
file a claim before the Consejo para la Transparencia. The resolution of the Consejo para la Transparencia may, in turn, be appealed before the Appeals Court of Santiago. Violations of personal data laws may also result in disciplinary procedures against a public entity.
It is also a criminal offense to do any of the following:
■ Destroy or disable all or part of a system for the treatment/protection of personal
Information;
■ Block or modify the functioning of a database;
■ Appropriate, use or unlawfully obtain knowledge of the personal information included in a database or to unlawfully intercept, interfere with or access personal data or databases;
■ Alter, damage or destroy the data contained in a database; or
■ To reveal or to disclose the data contained in an information system.
Article 28B of the Consumer Protection Law provides that any promotional or advertising communication sent by electronic mail shall indicate the subject matter, the identity of the
Sender and a valid address to which the recipient may opt out of receiving future communication
(Opt-outs must be honored immediately).
Promotional emails that are anonymous emails or that do not contain all the required information violate the law.
If the company sends any promotional email to a consumer after the consumer’s opt-out request, the sender is subject to a fine up to 50 UTM (approximately US$4,250).
Chile does not have an online privacy law that regulates cookies, location data or other conventional means of online tracking. However, Law No. 19,223 protects online privacy by criminalizing the following conduct, among others:
■ To intercept, interfere with or access to an information system with the purpose of taking possession, using or unlawfully obtaining knowledge about the information contained in such system; or
■ To maliciously reveal or disclose the data contained in an information system.
The wording of Law 19233 is very broad. It is possible that a court could consider that the use of
Cookies and other similar tracking devices under certain circumstances is a violation of the law.
The Penal Code of Chile was promulgated in 1874, and on October 8, 2002, Law No. 19,829 amend it by Art.250A and 250B.
The Penal Code is divided into general and special sections. There is a special chapter dedicated to corruption crimes and misdemeanors. The main crimes and offences contained in the referred chapter are: embezzlement/misappropriation of Public Funds, other diversion of property by a public official, fraud affecting public property, active and passive bribery of national public officials, bribery of foreign public officials and officials of public international organizations, trading in influence, abuse of functions, abuse of authority, and illicit enrichment.
PENAL CODE
Title V. Crimes and Misdemeanours Committed by Public
Officials in the Exercise of their Functions
Part 9. Bribery
Art. 248. A public official who solicits or accepts to receive fees in excess of those receivable on account of his position or an economic advantage for himself or a third party for executing or having executed an act proper to his office for which no fees are set shall be punishable by suspension in any of its degrees and a fine amounting to half the advantage solicited or accepted.
Art. 248 bis. A public official who solicits or accepts an economic advantage for himself or for a third party for refraining or having refrained from acting in relation to the performance of official duties or for carrying out or having carried out an act in violation of the duties proper to his office shall be punished with short-term imprisonment in its minimum to medium degrees, a partial or absolute disqualification for holding provisional public offices in any of its degrees and a fine amounting to twice the advantage solicited or accepted. Should the violation of the duties proper to his office consist in exerting undue influence on another public official with a view to obtaining from him a decision that may give rise to an advantage for a third party, the delinquent official shall be punished with a perpetual partial or absolute disqualification for holding public offices, besides the imprisonment and fine referred to in the foregoing paragraph.
Art. 249. A public official soliciting or accepting an economic advantage for himself or a third party to commit any of the crimes or misdemeanours under this Title or in paragraph 4, Title III, shall be punished with perpetual partial disqualification and provisional absolute disqualification or else with perpetual absolute disqualification for holding public offices and a fine amounting to three times the advantage solicited or accepted. The foregoing provision is without prejudice to the sanction applicable to a crime or misdemeanour committed by the public official, which, in any case, shall be no less than short-term imprisonment in its medium degree.
Art. 250. He who offers or consents to give an economic advantage to a public official, to his benefit or that of a third party, to perform an act or an omission under articles 248, 248 bis and 249 or for having performed such act or omission shall be imposed the fine and disqualifications established thereunder. In the case of an advantage
consented to or offered for the actions or omissions referred to in article 248 bis, a briber shall be punished also with short-term imprisonment in its minimum to medium degree, if offering an advantage, or short-term imprisonment in its minimum degree, if having consented to the offering of an advantage. In the case of an advantage consented to or offered in relation to the crimes or misdemeanours referred to in article 249, a briber shall be punished also with shortterm imprisonment in its medium degree, if offering an advantage, or short-term imprisonment in its minimum to medium degree, if having consented to the offering of an advantage. In the foregoing cases, a briber may not be imposed an additional punishment for his liability in the crime or misdemeanour committed by a public official.
Art. 250 bis. In the cases in which the offense foreseen in the foregoing article had as purpose the act or omission of one of the acts stated in articles 248 or 248 bis, that mediates in a criminal proceeding in favour of the accused, and were committed by its spouse, by any of its ancestors or descendants, having blood relationship or arising from legal ties, by a collateral having blood relationship or arising from legal ties, up to the second degree inclusive, or by a person bound to him by adoption, the fine that corresponds according to the above-referred provisions, shall only be imposed to the responsible.
Art. 250 bis A. He who offers a foreign public official an economic advantage, for that official or a third person, to act or refrain from acting in order to obtain or retain – for him or a third party – a business or advantage in the field of international business transactions shall be punished with imprisonment, fine and disqualification, as referred to in article 248 bis, first paragraph. The same punishment shall be imposed on he who offers the said advantage to a foreign public official for his having acted or refrained from acting.
He who, under the circumstances described in the foregoing paragraph, has consented to the offering of said advantage shall be punished with short-term imprisonment, minimum degree, as well as the fine and disqualification
referred to above.
Art. 250 bis B. For the purposes of the provisions in the foregoing article, “foreign public official” shall mean any person holding a legislative, administrative or judicial office of a foreign country, whether appointed or elected, and any person exercising a public function for a foreign country, including for a public agency or public enterprise. It shall also mean any official or agent of a public international organization.
Art. 251. The goods received by the public official shall always fall in confiscation. In the case of articles 249, and article 250 paragraph second, for the application of the punishment of suspension or disqualification that correspond in their capacity as accessory to imprisonment, the following rules shall apply:
1º. If the accessory punishments were more serious than those established in article 249, the first ones shall be imposed in their maximum degree; and,
2º If the punishments established in article 249 were more serious than the accessory punishments, those that are not less than the maximum degree thereof shall be imposed in their overall extension.
(Adopted on: 24 October,1980)
Exclusive Powers of the Chamber of Deputies
Article 48. The exclusive powers of the Chamber of Deputies are:
2.- (b) Ministers of State, for actions which may have gravely affected the honor and the security of the Nation, for violating the Constitution or the law or for not having executed the laws and for the crimes of treason, extortion, embezzlement of public funds and bribery;
Article 76.- The Judges are personally liable for bribery, failure to observe substantial matters of law, governing procedure, denial and wrongful administration of Justice; and in general, for any prevarication incurred in the performance of their functions.
The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.
Several small scale explosive devices have been detonated in Santiago since mid-July 2014, mainly targeting public transportation and automated banking machines (ABMs). On September 8, 2014, an explosion occurred during daylight hours near a metro station, injuring several people. Remain vigilant, be aware of your surroundings, exercise a high degree of caution when using public transportation, and report any suspicious behavior or unattended packages to local authorities.
Petty crime, such as pickpocketing and purse snatching, has increased, particularly in Santiago, Valparaíso, Calama and Viña del Mar. Small bags and purses have been stolen from hotel and hostel lobbies, and from the backs of chairs at bars and restaurants. Do not show signs of affluence, and ensure that your personal belongings, passport and other travel documents are secure at all times.
Robberies and assaults occur most frequently in the Santiago, Viña del Mar, Valparaíso and Calama areas. Thieves are active in crowded tourist locations, markets, metro (subway) stations, trains, buses and taxis, as well as cafés and restaurants popular with foreigners. In Valparaíso, remain particularly alert in the port and adjoining tourist areas. Avoid poorer residential areas (poblaciones).
Muggings, sometimes involving the use of fire arms, have been reported in Cerro San Cristóbal Park, and in other parks in the Santiago area, even during the day. Be vigilant in parks, and avoid them at night.
Never leave food or drinks unattended or in the care of strangers. Pay attention when drinks are prepared and served, especially in the Bellavista neighbourhood of Santiago. Be wary of accepting snacks, beverages, gum or cigarettes from new acquaintances, as they may contain drugs that could put you at risk of sexual assault and robbery.
Take care when driving a rental car or taking a taxi in Valparaíso. Thieves have punctured tires in order to distract foreigners and steal their belongings from the vehicle.
There have been reports of politically motivated violence involving indigenous communities in southern Chile (specifically in the Araucanía region), but no foreigners have been directly affected. If travelling in the Araucanía region, it is recommended that you travel during the day.
Demonstrations and civil unrest
Demonstrations occur regularly in Santiago and Valparaíso, and occasionally elsewhere in the country. Student protests occur intermittently, causing road blocks, public transportation disruptions and confrontations with police. You should be particularly vigilant on March 29, the day of the Young Combatant, and on September 11, the anniversary of the 1973 coup, as these dates are often marked by large demonstrations. Monitor local news reports, follow the advice of local authorities, and avoid large crowds and demonstrations, as they may turn violent with little to no warning.
Landmines
Demarcated landmine fields are a danger in remote areas of the northern regions of Arica-Parinacota, Tarapaca and Antofagasta in the north, remote areas of Valparaíso in central Chile, and in the southern regions of Magallanes and Antártica, near the border with Argentina. Landmine fields are also found in remote sections of several popular national parks, including Lauca and Llullaillaco national parks, the Salar de Surire National Monument and the Los Flamencos National Reserve. Check with park staff or local authorities before entering less-travelled areas and observe all warning signs.
Driving standards are poor. Accident rates, particularly in Santiago, are high. Keep windows closed and doors locked at all times. Major highways are mostly toll roads. Ensure that you carry sufficient local currency to pay the tolls. Do not venture off major highways with basic or small rental vehicles. Secondary roads are sometimes poorly maintained and/or poorly lit. Driving on mountain roads can be dangerous due to the lack of guard rails. Traffic police (carabineros) presence is very visible on highways. Have vehicle documentation ready. Ensure that you have written authorization from your rental agency if you intend to travel outside the country in a rental vehicle. The authorization must be requested from the car rental company three to five days before the trip, and a processing fee applies. If you are using a private vehicle, the owner must provide you with proper authorization.
Traffic congestion in downtown Santiago is common during peak hours. Certain major arteries alternate traffic direction during morning and evening rush hours. For up-to-date information, call the traffic police (carabineros) at 139.
Taxis
Taxis are plentiful and inexpensive. Agree to a fare beforehand. Taxis with illuminated signs indicating their destination are “collective” taxis. These follow a fixed route and are shared by up to five passengers.
Taxis and radio-taxis can be booked and prepaid at the airport. Airport-registered transportation is recommended. Major hotels will arrange to meet travellers upon arrival. Shuttle minibuses are also available.
Air travel
See Transportation Safety in order to verify if national airlines meet safety standards.
Emergency services
Dial 133 for police, 132 for the fire department, and 131 for a public ambulance.
RECIPIENT
[STREET_TYPE] STREET_NAME HOUSE_NUMBER [, [FLOOR] [APARTMENT]]
POSTAL_CODE LOCALITY
CHILE
Sample
GUSTAVO PÉREZ
ORREGO LUCO 54, 2º PISO
7510115 PROVIDENCIA
CHILE
| Calendar | GMT | Reference | Actual | Previous | Consensus | Forecast |
|---|---|---|---|---|---|---|
| 2014-08-18 | 01:30 PM | Q2 | 1.9% | 2.4% (R) | 3.31% | |
| 2014-11-18 | 11:30 AM | Q3 | 0.8 % | 1.9% | 0.9% | 1.15% |
| 2015-03-18 | 11:45 AM | Q4 | 1.8% | 1% (R) | 1.9% | 1.33% |
| 2015-05-18 | 12:30 PM | Q1 | 1.8% | 2.1% | 2.1% | |
| 2015-08-19 | 01:30 PM | Q2 | 0.22% | |||
| 2015-11-18 | 11:30 AM | Q3 | 0.7% |
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