Privacy Law Survey 2021 - Chile

• Published date: 16 December 2021
• Subject Matter: Privacy, Data Protection, Privacy Protection
• Law Firm: Ally Law
• Author: Ignacio Arteaga (Arteaga | Gorziglia) and Andrés Ossandón (Arteaga | Gorziglia)

Consent

May consent be used as a legal basis for processing worker information? (Y/N - if N, please explain)

Yes.

Are there any specific worker data collections or processing operations that require prior consent? (Y/N - if Y, when is consent required)

Yes. Employers must inform to their employees about the measures of surveillance or tracking that are applied in the employer's facilities and must require its express and written consent.

Are there exceptions that will allow employers to collect and treat workers data without consent? (Y/N - if Y, list the exceptions)

Yes. According to article 4 of the Chilean data protection law (Law N' 19.628) employers may treat employees' data without employees' consent when personal data is collected from publicly accessible sources, and is of financial, banking or commercial nature, or are contained in lists related to a category of persons that merely indicate background information such as the individuals' membership in that category, his/her profession or activity, educational qualifications, address or date of birth; or are required for commercial communications with direct response or direct marketing or sale of products or services.

Privacy Notice

Is the company required to provide a privacy notice to workers? (Y/N)

No.

Does the worker privacy notice need to address security measures?

No.

Are there any other unique disclosure requirements with respect to the privacy notice (e.g. list data retention periods, state legitimate bases, etc.)?

Yes. Employee must be duly informed about the purpose for which the data is collected and its possible communication to the public.

Data Subject Rights

Are there data subject rights for workers? (Y/N - if Y, please list)

Yes. Workers have the same rights as any data subject (i.e. rights of information, modification, deletion and blocking, etc).

What is the timeframe to respond to data subject requests from workers?

In case of a workers request the timeframe is 2 business days (Chilean data protection law N' 19,628).

Are there exceptions to responding to data subject requests from workers?

Yes. Requests may be denied when they prevent or hinder the due fulfillment of the auditing functions of the required public body, or affects the reserve or secrecy established in legal or regulatory provisions, the security of the Nation or the national interest.

Special Rules for Worker Information

Are there employment rules about privacy-related discrimination (e.g., unlawful to terminate...