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Law 19628

Law 19628
ON PROTECTION OF PRIVATE LIFE
MINISTRY GENERAL SECRETARIAT OF THE PRESIDENCY
Publication Date: 28-AUG-1999 | Promulgation Date: 18-AUG-1999
Version Type: Last Version From: 26-AUG-2020
Last Modification: 28-FEB-2020 Law 21214
Short Url: http://bcn.cl/2er4q

ON PROTECTION OF PRIVATE LIFE
Bearing in mind that the H. National Congress has
given your approval to the next
P roject of law:
PERSONAL DATA PROTECTION

Preliminary title
General disposition

Article 1.- The treatment of data from
personal character in records or databases by
Public bodies or individuals will be subject to the
provisions of this law, with the exception of the one
carry out in exercise of the freedoms to express an opinion
and to inform, the one that will be regulated by the law to which
Article 19, No. 12, of the Constitution refers
Politics.
Anyone can carry out data processing
personal, as long as you do it in a consistent way
with this law and for purposes allowed by the
legal system. In any case, you must respect the
full exercise of the fundamental rights of the
holders of the data and of the powers that this law
recognizes them.

Article 2.- For the purposes of this law,
you will understand by:
a) Data storage, conservation or custody
of data in a register or data bank.
b) Blocking of data, the temporary suspension of
any data processing operation
stored.
c) Communication or transmission of data, publicize
in any way the personal data to
persons other than the owner, whether determined or
indeterminate.
d) Expired data, which has become out of date due to
provision of the law, for the fulfillment of the condition
or the expiration of the period indicated for its validity or, if

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there was no express rule, due to the change in the facts or
circumstances that it consigns.
e) Statistical data, the data that, in its origin, or as
consequence of its treatment, it cannot be associated with a
Identified or identifiable owner.
f) Personal data or personal data, the
relating to any information concerning people
natural, identified or identifiable.
g) Sensitive data, those personal data that are
refer to the physical or moral characteristics of the
people or facts or circumstances of their private life or
intimacy, such as personal habits, origin
racial ideologies and political opinions,
religious beliefs or convictions, health conditions
physical or mental and sexual life.
h) Deletion or cancellation of data, the
destruction of data stored in records or databases
data, whatever the procedure used for it.
i) Publicly accessible sources, records or
collections of personal, public or private data, from
unrestricted or reserved access to applicants.
j) Modification of data, any change in content
of the data stored in registers or databases.
k) Public bodies, authorities, organs of the
State and agencies, described and regulated by the
Political Constitution of the Republic, and those included
in the second paragraph of Article 1 of Law No. 18,575,
Constitutional Organic of General Bases of the
State Administration.
l) Data dissociation procedure, all
processing of personal data so that the
information obtained cannot be associated with a person
determined or determinable.
m) Registry or data bank, the organized set of
personal data, whether automated or not and
whatever the form or modality of its creation or
organization, which allows the data to be related to each other,
as well as carry out all kinds of data processing.
n) Responsible for the registry or database, the
natural or private legal person, or the respective
public body, who is responsible for decisions
related to the processing of character data
personal.
ñ) Owner of the data, the natural person to whom
refer to personal data.
o) Data processing, any operation or
complex of operations or technical procedures,
automated or not, that allow collecting,
store, record, organize, elaborate, select,
extract, confront, interconnect, dissociate, communicate,
assign, transfer, transmit or cancel character data
personal, or use them in any other way.

Article 3.- In all data collection
personal data that is carried out through surveys, studies
market or public opinion polls or other
similar instruments, without prejudice to others
rights and obligations that this law regulates, you must

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inform people of the mandatory nature or
optional answers and the purpose for which
the information is being requested. Communication of
Your results should omit the signs that may allow the
identification of the people consulted.
The owner can oppose the use of their
personal data for advertising purposes, research of
market or opinion polls.

Title I
About the use of personal data

Article 4.- Data processing
personal can only be carried out when this law or other
legal provisions authorize it or the owner
expressly consent to it.
The person authorizing must be duly
informed regarding the purpose of storing
your personal data and its possible communication to
public.
The authorization must be in writing.
The authorization can be revoked, although without
retroactive effect, which should also be done by
written.
Data processing does not require authorization
personal sources that come from or are collected from sources
accessible to the public, when they are of a
economic, financial, banking or commercial, is
contained in listings relating to a category of
people who merely indicate such antecedents
such as the individual's membership in that group, his
profession or activity, your educational qualifications, address
or date of birth, or are necessary for
direct response commercial communications or
marketing or direct sale of goods or services.
Nor will the
processing of personal data carried out by people
private legal entities for your exclusive use, your
associates and the entities to which they are affiliated, with
statistical, pricing or other beneficial purposes
general of those.

Article 5.- The person responsible for the registry or bank of
personal data may establish a procedure
automated transmission system, provided that the
rights of the holders and the transmission is related
with the tasks and purposes of the agencies
participants.
Faced with a request for personal data through
an electronic network, the following must be recorded:
a) The individualization of the applicant;
b) The reason and purpose of the request, and
c) The type of data that is transmitted.
The admissibility of the request will be evaluated by
the person in charge of the database that receives it, but the
Responsibility for said request will be of whoever makes it.

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The recipient can only use personal data
for the purposes that motivated the transmission.
This article will not apply when it comes to data
personal accessible to the general public.
This provision is also not applicable when
transmit personal data to international organizations
in compliance with the provisions of treaties and agreements
current.

Article 6.- Personal data must be
deleted or canceled when their storage lacks
legal basis or when they have expired.
They must be modified when they are wrong,
inaccurate, misleading or incomplete.
Personal data whose accuracy is not
may be established or whose validity is doubtful and respect
of which the cancellation does not correspond.
The person in charge of the personal data bank will proceed
to the elimination, modification or blocking of the data, in
your case, without the need for a requirement from the owner.

Article 7.- The people who work in the
processing of personal data, both in organizations
public and private, they are obliged to keep secret
on them, when they come from or have been collected
from sources not accessible to the public, as well as on
the other data and antecedents related to the bank of
data, an obligation that does not cease for having completed
activities in that field.

Article 8.- In the event that the treatment of
personal data is made by mandate, the
general rules.
The mandate must be granted in writing, leaving
special proof of the conditions of use of
the data.
The agent must respect these stipulations in
the fulfillment of your order.

Article 9.- Personal data must be used
only for the purposes for which they would have been
collected, unless they come or have been collected from
sources accessible to the public.
In any case, the information must be accurate,
updated and respond truthfully to the real situation
of the owner of the data.
Making all kinds of predictions is prohibited
or commercial risk assessments that are not based
only in objective information related to the
delinquencies or protests of natural persons or
legal entities of which it is reported. Violation of this
prohibition will force the immediate elimination of said
information from the person responsible for the database and
will give rise to compensation for damages that
corresponds.

Law 20521
SINGLE Art.

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DO 23.07.2011

Article 10.- They cannot be object of treatment
sensitive data, except when authorized by law, there is
consent of the owner or are data necessary for the
determination or award of health benefits that
correspond to their holders.

Article 11.- The person responsible for the records or bases
where personal data is stored after its
collection should take care of them with due
diligence, being responsible for the damages.

Title II
Of the rights of data holders

Article 12.- Everyone has the right to demand
who is responsible for a bank, who is dedicated to
public or private way to data processing
personal information, information on the data relating to your
person, their origin and recipient, the purpose of the
storage and individualization of people u
bodies to which your data is transmitted
regularly.
In case the personal data is wrong,
inaccurate, misleading or incomplete, and so it is proven,
You will have the right to have them modified.
Without prejudice to legal exceptions, you may,
in addition, require that they be removed, in case their
storage lacks legal basis or when
expired.
The same requirement of elimination, or that of blocking
the data, where appropriate, you can do when there is
voluntarily provided your personal data or
they are used for commercial communications and you do not want
continue to appear in the respective registry, whether
permanent or temporary mode.
In the case of the previous paragraphs, the
information, modification or deletion of data
will be absolutely free, and must be provided,
in addition, at the request of the owner, a copy of the registration
altered in the relevant part. If new
modifications or deletions of data, the owner
You can also obtain a copy of the registry at no cost.
updated, provided that at least
six months from the previous opportunity in which he made
use of this right. The right to obtain a free copy
it can only be exercised personally.
If the personal data canceled or modified
have been previously communicated to people
determined or determinable, the bank manager
data must notify them as soon as possible the
operation carried out. If it is not possible to determine the
people to whom they have been communicated, will put a
notice that may be of general knowledge to those who

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use the information from the database.

Article 13.- The right of people to
information, modification, cancellation or blocking of your
personal data cannot be limited by means of any
act or convention.

Article 14.- If the personal data are in a
database to which various organizations have access, the
owner may request information from any of them.

Article 15.- Notwithstanding the provisions of this
Title, information, modification,
cancellation or blocking of personal data when it
prevents or hinders the proper performance of the functions
auditors of the required public body, or affect the
secrecy or secrecy established in legal provisions or
regulations, the security of the Nation or the interest
national.
The modification, cancellation or
blocking of personal data stored by legal mandate,
outside the cases contemplated in the respective law.

Article 16.- If the person responsible for the registration or
database will not rule on the request of the
applicant within two business days, or deny it for
a cause other than the security of the Nation or the
national interest, the owner of the data will have the right
to appeal to the judge of letters in the civil of the domicile
of the person in charge, who is on duty according to
corresponding rules, requesting protection from
rights enshrined in the preceding article.
The procedure will be subject to the rules
following:
a) The complaint will clearly indicate the infringement
committed and the facts that make it up, and must
be accompanied by the means of proof that accredit them,
in your case.
b) The court will order that the claim be
notified by identity card, left at the address of the
responsible for the corresponding database. In equal
form will be notified the sentence that is handed down.
c) The person in charge of the database must
submit their discharges within the fifth business day and
attach the means of proof that prove the facts
in which he founds them. If you do not have them, you will express
this circumstance and the court will set a hearing,
within the fifth business day, in order to receive the
test offered and unaccompanied.
d) The final judgment will be issued within
third day after the expiration of the term referred to in the
previous letter, whether or not they have been submitted
discharges. If the court ordered a hearing of
test, this term will run once the term expires
set for this one.

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e) All resolutions, with the exception of the
indicated in letter f) of this subsection, will be issued in
single instance and will be notified by the daily status.
f) The final judgment will be appealable in both
effects. The appeal must be filed within the term
fatality of five days, counted from the notification of
the party that files it, must contain the fundamentals
in fact and in law on which it relies and petitions
that are formulated.
g) Once the appeal has been deducted, the court will raise
Immediate the cars to the Court of Appeals
respective. Received the cars in the Secretariat of the
Court, the President will order to give preferential account of the
appeal, without waiting for the appearance of any of the
parts.
h) The ruling on the appeal is not
It will be subject to appeals.
In the event that the grounds invoked to deny the
request of the requesting party to the security of the Nation
or the national interest, the claim must be deducted
before the Supreme Court, which will request a report from the
authority in question by the means that it considers most
quickly, setting a deadline for this, after which
will resolve the dispute into account. To be received
proof, it shall be recorded in a separate notebook and
reserved, which will retain that character even after
the case has been refined if by an enforceable sentence
I will deny the request of the applicant.
The chamber of the Supreme Court that knows the
claim pursuant to the preceding paragraph, or the court
the Court of Appeal hearing the appeal,
in the case of the procedure established in paragraphs
first and second, if deemed convenient or
requests with plausible grounds, you may order to bring
the proceedings in relation to hear the lawyers of the
parts, in which case the cause will be added
extraordinarily to the respective table of the same
room. In claims for the aforementioned causes
in the preceding paragraph, the President of the Court
will provide that the hearing is not public.
If the claim is accepted, it
judgment will set a reasonable period of time to give
compliance with the resolution and may apply a fine of
one to ten monthly tax units, or ten to
fifty monthly tax units if it were
of an infringement of the provisions of articles 17
and 18.
Lack of timely delivery of information or
the delay in making the modification, in the form
that the Court decrees, they will be punished with a fine
from two to fifty monthly tax units and,
if the person responsible for the required data bank is
a public body, the court may sanction the
Head of the Service with the suspension of his position, for
a period of five to fifteen days.

LAW 19812
Art. 1º Nº 1
DO 13.06.2002

Title III
Of the use of personal data related to

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obligations of an economic, financial, banking nature
or commercial

Article 17.- Those responsible for the records or
personal data banks may only communicate
information to be seen on obligations of character
economic, financial, banking or commercial, when these
recorded in bills of exchange and protested promissory notes; checks
protested for lack of funds, for having been drawn
against a closed current account or for any other reason; What
also the breach of obligations derived from
mutual mortgages and loans or credits from banks,
financial companies, mutual administrators
mortgage, savings and loan cooperatives,
public bodies and state companies subject to the
common legislation, and management companies of
credits granted for purchases in commercial houses. I know
except information related to credits
granted by the National Development Institute
Agropecuario to its users, and related information
with obligations of an economic, financial nature,
banking or commercial as soon as they have been agreed,
renegotiated or novated, or they meet with some
pending modality.
Those other
money obligations determined by the President of the
Republic by supreme decree, which must be DO 13.06.2002
supported by payment or credit instruments
validly issued, stating the
express consent of the debtor or obliged to pay and his DO 17.02.2012
due date. You will not be able to communicate the information
related to debts contracted with companies
public or private that provide services of
electricity, water, telephone and gas; neither do the debts
contracted with institutions of higher education in
compliance with laws numbers 18,591 and 19,287, nor
those acquired with banks or financial institutions
in accordance with Law No. 20,027, or within the framework of the
lines of financing for students to study
in higher education, administered by the Corporation of
Promotion of Production, nor any debt contracted with the
purpose of receiving a service for themselves or for third parties
formal educational at any of its levels; either
debts contracted with
highway concessionaires for the use of their
infrastructure.
The responsible entities that administer banks of Art. 1º Nº 3
personal data may not publish or communicate the
information referred to in this article, especially Law 21214
the protests and delinquencies contained in it, when these SINGLE Art.
originated during the unemployment period that
affect the debtor.
For these purposes, the Fund Manager
Unemployment will communicate the data of its beneficiaries to the
Commercial Information Bulletin only while
its benefits subsist for the purpose that it
block information concerning such persons.
However, people who are not incorporated into the

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NOTE
LAW 19812
Art. 1º Nº 2
Law 20575
Art. 7 a)

LAW 19812
DO 13.06.2002

DO 28.02.2020
Law 20575
Art. 7 b)
DO 17.02.2012
Law 20463
SINGLE Art.
DO 25.10.2010

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unemployment insurance must prove said condition before
the Commercial Information Bulletin, accompanying the
settlement extended legally or, if there is
controversy, with the record of appearance before the
Labor Inspection, for the purposes of impetrating this
right for three months renewable up to once. So that
operate said renewal, a statement must be attached
affidavit of the debtor in which he states that he maintains his
unemployed condition.
The data blocking will be at no cost to the debtor.
The data blocking will not proceed with respect to those who
record annotations in the information system
commercial during the year prior to the end date of
your employment relationship.
The entities responsible for the administration of
personal data banks will not be able to indicate under any
circumstance, sign or characterization that the person
is benefited by this law.

NOTE:
Articles 1, 2 and 3 transitory of the LAW
19812, published on 06.13.2002, establish in relation to
this article, the following: "Article 1
transitory.- Those responsible for the records or banks of
personal data that treat information indicated in the
Article 17 of Law No. 19,628 may not communicate it
when it refers to obligations that, as of the date of
publication of this law, have been paid or have
extinguished by another legal way. Likewise, they may not
communicate the data related to those obligations that are
have become enforceable before May 1, 2002 and
find unpaid, provided that the total of obligations
unpaid of the holder who communicates the registry or bank of
data on the date of publication of this law is less than
$ 2,000,000 for capital, excluding interest,
readjustments and any other item. In the case of the subsections
above, information may not be provided to the
owner of the data, nor communicate the fact that it
has benefited from these provisions. Article 2
transitory.- Those responsible for the records or banks of
personal data that communicates information about
obligations referred to in article 17 of Law No.
19,628 will delete all data related to
credits granted by the National Development Institute
Agricultural to its users. Transitory Article 3.The debtors of the Banco del Estado de Chile that as of December 30
September 1999 they obtained credits under the
credit program for self-establishment

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of returned Chileans who have chosen, within the deadline
established, to the benefits granted by law No.
19,740, once the delinquency has been clarified and upon request,
will be permanently deleted from the record (s)
historical records that exist on the documents indicated in
Article 17. "

Article 18.- In no case can they communicate
the data referred to in the previous article, which
are related to an identified person or
identifiable, after five years have elapsed since
that the respective obligation became enforceable.
Nor can the data continue to be communicated
relating to said obligation after having been
paid or have been terminated by other legal means.
However, it will be communicated to the courts of
Justice the information they require on the occasion of
pending lawsuits.

LAW 19812
Art. 1º Nº 4
DO 13.06.2002

Article 19.- The payment or the extinction of these
obligations in any other way does not expire
or the loss of legal basis of the respective data
for the purposes of article 12, while they are
pending the terms established in the preceding article.
When the payment is made or the obligation for
another way in which the creditor directly intervenes, the latter
will notify such fact, at the latest within the following
seven business days, to the person in charge of the registry or bank of
data accessible to the public that at the time communicated
protest or delinquency, in order to record the new
data that corresponds, after payment of the fee, if applicable
proceeding, charged to the debtor. The debtor may choose to
directly require the modification to the database and
release from the fulfillment of this obligation the creditor who
provide you with sufficient proof of payment; decisions that
must express in writing.
Those who process personal data
from or collected from the aforementioned accessible source
the public must modify the data in the same sense
as soon as it communicates the payment or the extinction of the
obligation, or within three days. But
if possible, they will block the data of the respective
holder until the information is updated.
The infringement of any of these obligations is
will know and sanction according to the provisions of the
Article 16.

Title IV
Data processing by public bodies

Article 20.- The processing of personal data
by a public body may only be carried out
with respect to matters within its competence and with
subject to the preceding rules. In those conditions,
you will not need the consent of the owner.

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Article 21.- Public bodies that submit to
processing of personal data related to convictions for
crimes, administrative infractions or misdemeanors
disciplinary, they will not be able to communicate them once the
criminal or administrative action, or once the
sanction or penalty.
Except for the cases in which this information is
requested by the Courts of Justice or other bodies
public within the scope of their competence, who
must keep the due reserve or
secret and, in any case, the provisions of
Articles 5, 7, 11 and 18.

Article 22.- The Civil Registry Service and
Identification will keep a record of the data banks
personnel in charge of public bodies.
This registry will be public and in it
It will consist, with respect to each of these data banks, the
legal basis of its existence, its purpose, types
of stored data and description of the universe of people
that includes, all of which will be defined in a regulation.
The public body responsible for the database
provide this information to the Registry Service
Civil and Identification when activities start
of the bank, and will communicate any change of the elements
indicated in the previous paragraph within fifteen days
since it occurs.

Title V
Responsibility for infractions of this law

Article 23.- The natural or private legal person
o the public body responsible for the database
personal will have to compensate the patrimonial and moral damage
that will cause by the improper treatment of the data,
without prejudice to proceeding to eliminate, modify or
block the data as required by the
holder or, where appropriate, ordered by the court.
The consequent action may be filed
together with the claim to establish
the infringement, without prejudice to the provisions of the
Article 173 of the Code of Civil Procedure. Throughout
case, the infractions not contemplated in the articles
16 and 19, including compensation for damages, is
subject to summary procedure. The judge will take all
the measures it deems convenient to make
effective protection of the rights that this law
establishes. The proof will be appreciated conscientiously by the
judge.
The amount of compensation will be established
prudently by the judge, considering the
circumstances of the case and the seriousness of the facts.

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Final Title

Article 24.- Add the following paragraphs
second and third, new, to article 127 of the Code
Sanitary:
'' Prescriptions and blood tests or exams
clinical laboratories and services related to
health are reserved. Only its content may be revealed
or be given a copy of them with the express consent of the
patient, given in writing. Who will disclose your
content improperly, or violates the provisions
of the following subsection, will be punished in the manner and with
the sanctions established in the Tenth Book.
The provisions of this article do not prevent the
pharmacies can make known, for statistical purposes,
sales of pharmaceutical products of any
nature, including the denomination and quantity of
they. In no case will the information they provide
the pharmacies will enter the names of the patients
recipients of the prescriptions, nor the doctors who
issued them, nor data that serves to
identify them. ''

Transitory dispositions

Article 1.- The provisions of this law, with
exception of article 22, will enter into force within
of the term of sixty days, counted from the date of its
publication in the Official Gazette.
The current records or personal data banks
public bodies shall comply with the provisions
of this legal body, as of its entry into
validity.
The provisions of article 22 shall govern a
year after the publication of this law. Notwithstanding
of the foregoing, public bodies that have a
your position personal data banks must send the
antecedents referred to in said precept with
beforehand, within the term established by the regulations.

Article 2.- The holders of personal data
registered in databases created prior to the
entry into force of this law will have the rights
that it confers on them.

Article 3.- The rules that regulate the Bulletin of
Commercial Information created by the supreme decree of
Hacienda N ° 950, from 1928, will continue to be applied in everything
that are not contrary to the provisions of this law. ''

Having complied with the provisions of No. 1
of article 82 of the Political Constitution of the
Republic and because I have seen fit to approve it and
sanction it; therefore be enacted and put into effect as

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Law of the Republic.
Santiago, August 18, 1999.- EDUARDO FREI
RUIZ-TAGLE, President of the Republic.- José Miguel
Insulza Salinas, Minister Secretary General of the
Presidency.- María Soledad Alvear Valenzuela, Minister of
Justice.- Germán Quintana Peña, Minister of
Planning and Cooperation.
What I transcribe to you, for your knowledge.
Atte. to you, Carlos Carmona Santander, Assistant Secretary General
of the Presidency of the Republic.

constitutional Court
Draft law on data protection of
personal character
The Secretary of the Constitutional Court, who
subscribes, certifies that the Honorable Senate sent the
bill enunciated in the heading, approved by the
National Congress, in order for this Court to exercise
the control of the constitutionality of its article 16; Y
that by judgment of August 4, 1999, it declared:
1. That the precepts contained in article 16,
of the project submitted to control, are constitutional in
it is understood that they must be interpreted in accordance with
what has been indicated in the 7th recital of this
judgment.
2. That the provisions contemplated in article
19 of the project submitted to control, are constitutional.
Santiago, August 6, 1999.- Rafael Larraín Cruz,
Secretary.

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