Cyber Law at Chile
Cyber law in Chile is a developing legal field, increasingly important due to the growing reliance on digital technologies, cybersecurity threats, and privacy concerns. Here's an overview of the cyber law landscape in Chile as of recent years:
🔐 1. Key Legal Frameworks in Chile Related to Cyber Law
a) Ley N° 19.628 - Data Protection Law (1999)
Chile's main data protection law, although considered outdated compared to modern privacy standards like the GDPR.
Focuses on the protection of personal data and governs how it can be collected, processed, and stored.
Enforcement has traditionally been weak, but there's growing pressure to modernize the law.
b) Cybersecurity Framework Law (in development)
A proposed cybersecurity law aims to:
Create a national cybersecurity agency.
Establish security obligations for public and private sectors.
Define incident response protocols.
Improve infrastructure protection.
Expected to align with international standards, especially from the OECD and EU.
c) Computer Crimes Law (Ley N° 21.459 - 2022)
Modernizes and replaces older legislation, aligning Chile with the Budapest Convention on Cybercrime.
Criminalizes activities such as:
Unauthorized access (hacking)
Interference with data/systems
Computer fraud
Distribution of malware
Phishing and identity theft
Establishes legal procedures for digital evidence.
d) Telecommunications Law
Regulates internet service providers (ISPs) and their responsibilities.
Affects how network neutrality and access are governed.
🏛️ Institutions Involved
CSIRT (Computer Security Incident Response Team) – Handles and coordinates responses to cybersecurity incidents.
Ministry of the Interior – Oversees national security policies.
Subsecretaría del Interior – Developing the national cybersecurity strategy.
Council for Transparency (Consejo para la Transparencia) – Supervises compliance with access to public information and privacy rights.
📊 Recent Developments
Chile is working toward a new comprehensive Data Protection Law, expected to:
Create an independent Data Protection Authority (DPA).
Strengthen data subjects' rights.
Include mechanisms for fines and enforcement.
Increased investment in cybersecurity infrastructure following high-profile cyberattacks on banks and government institutions.
Cybersecurity is now part of the national security strategy.
🌍 International Cooperation
Member of the Budapest Convention on Cybercrime.
Close collaboration with:
Interpol and Europol
Latin American cybersecurity initiatives
OECD digital policy recommendations
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