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Mapping the protection of privacy

Document Citado por Related
Vincent
AutorJuan Carlos lara
Páginas22-23

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See note 6

For several months we have been conducting a thorough investigation, which seeks to map the protection of privacy and personal data in Chile, which later will also include South America. As the relevant rules are being closely examined, together with the opinion of some players in the system, we will eventually know how to address regulatory issues and how to address them.

The need to improve the conditions for the protection of rights related to privacy has often been included in public discussions, whether it be in terms of privacy, the privacy of communication or the processing of personal data. In almost every instance, we found a consecration of rights which, for one reason or another, turned out to be empty in face of the phenomena of widespread lack of observance. State devices that monitor citizens, corporations that proit from the unruly trade databases of people and penal prosecution entities that override privacy issues without any form of control, are the type of encumbrances which we have been reading about for a while.

Logically, this leads us to wonder about how we can guard ourselves from such a broad range of attacks on being free to control our very own lives. So far, the answers to these questions have proven to be useful and informative, raising some serious warnings. But likewise, it has shown us that the national systems often have major laws that prevent the effective protection of privacy.

In Chile, this problem is evident just by looking at the constitutional regulation: the consecration of a right for the protection of privacy and inviolability of communication exists in such broad terms that it makes it seem as if all privacy issues could be solved through it, whereas in countless bodies of law we ind an abundance of rules, yet a comprehensive, consistent and equitable regulation is needed.

Another example is the absence of observance mechanisms for dealing with personal data (an outright exception in the region as they are not subject to constitutional protection), plus the need for a control and

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monitoring organism, and a lack of dissuasive sanctions, among other things. It seems that, unlike many countries in the region, Chile has plenty of rules, but lacks genuine rights.

Moreover, there are problems due to practices which border on illegality, including cases of companies that trade databases to send out unwanted commercial information, drones being used for air surveillance...

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