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Chile and Argentina adopt data protection laws [2000] PLBIRp 48; (2000) 56 Privacy Laws and Business International Report 8

Chile and Argentina adopt data protection laws

ARGENTINA AND CHILE are the first Latin American countries to adopt data protection laws. Although weaker than their European counterparts, the laws nevertheless pose new challenges to organisations.

While Argentina has made previous attempts to enact a data protection law, Chile was the first country in Latin America to legislate on privacy. Chile's Law for the Protection of Private Life entered into force on 28th October 1999. It applies to personal data of natural persons in the private and public sectors, and it covers both automated and manual data. The law includes some elements of the EU Data Protection Directive, such as restrictions on the processing of sensitive data, but is not comparable with the EU Member States' national laws.

The Act is divided into six sections:

1. General provisions about the use of personal data

2. Rights of data subjects

3. Use of personal data for economic, financial, banking or commercial purposes

4. Data processing by public authorities

5. Liability

6. Transitional periods

The law allows the processing of personal data without consent when the data is collected from public registers, the data is only to be used internally or shared with associates, or when data is gathered purely for statistical or billing purposes.

RIGHTS AND OBLIGATIONS

Data subjects have the right to access their data free of charge. They may also request that inaccurate data be corrected or deleted. Data controllers have just two days to disclose the information. After this time, a data subject may appeal to the civil judge of his jurisdiction. The law does not state how damage to personal privacy may be compensated.

Individuals may also request not to have their data processed for advertising purposes, market surveys or opinion polls.

When collecting data, organisations are obliged to inform individuals about the purposes for which data is collected, and whether it is disclosed to third parties. They are also responsible for ensuring the security of the data. Notification is only required from public authorities that hold databanks. They should notify the Civil Registration and Information Service - the Act does not establish a data protection authority. The law does not restrict transfers of personal data to other countries.

ARGENTINA'S NEW LAW NOT YET IN FORCE

Argentina's Parliament adopted the Habeas Data Bill on 4th October 2000. At the beginning of December the text of the Law as adopted (Ley de Proteccion de los Datos Personales) was available on the web (see below). Once the law enters into force, a supervisory authority will be formed within 180 days.

Unlike Chile's law, Argentina's bill prohibits data transfers to countries that do not provide an adequate level of data protection. There are some exemptions to this rule with regard to banking and medical data, and data transfers to international intelligence agencies fighting against terrorism, organised crime and drugs.

Chile's new law was published in the Official Journal of the Republic of Chile on 28th August 1999. It is also included (in English) in The Privacy Law Sourcebook 2000 (see p. 16). Argentina's Bill can be found on the Internet (in Spanish) at the Senate's website: http://www.senado.gov.ar (look under "Proyectos" and search for Bill no 577/98).