Chile

New Personal Data Protection Act becomes effective (approximate): The new Personal Data Protection Act is expected to become effective two years after its publication in August 2024, establishing an independent agency and new data protection rights.

Personal Data Protection Act approved by National Congress: An updated data-protection framework was passed, establishing a new Personal Data Protection Agency and aligning standards with GDPR. It will enter into force two years after publication.

Internet access recognized as a public service: As part of the government’s Zero Digital Divide Plan, a law was enacted recognizing internet access as a public service.

Ley 21.663 (Cybersecurity Framework Law) published: The Cybersecurity Framework Law was officially published, establishing Latin America’s first National Cybersecurity Agency (ANCI) and cybersecurity incident reporting obligations. It had not yet entered into force by the end of the coverage period.

Cybersecurity Framework Law (Law 21,663) approved by Senate: The Senate approved the Cybersecurity Framework Law, which includes the 'principle of computer security' and recognizes the right to encryption.

SUBTEL instructs other ISPs to block illegal gambling sites: SUBTEL announced it would instruct other ISPs to block the 23 online betting sites deemed illegal by the Supreme Court ruling.

Supreme Court orders ISP to block illegal gambling sites: A Supreme Court ruling forced ISP Mundo Pacífico to block access to several international online betting websites.

Ley 21.522 (Commercial sexual exploitation and pornographic material of children and adolescents) enacted: Introduces a new paragraph in the Penal Code related to commercial sexual exploitation and pornographic material involving children and adolescents.

Ley 21.459 (Computer Crimes) enacted: Law establishing penalties for certain computer crimes, such as illegal access to computer systems or interception of data.

Ley 21.430 (Law on Guarantees and Integral Protection of the Rights of Children and Adolescents) enacted: Comprehensive legislation on children’s rights, covering online and offline protection, privacy, and data protection for minors.

Foreign digital platforms subject to VAT: Foreign digital platforms not domiciled in Chile, such as Google, Netflix, and Meta, became subject to a value-added tax (VAT).

Spread of false information during social unrest: Claims of torture centers and other false information proliferated online during the 2019 social protests, undermining reliable information.

Personal data protection becomes a constitutional right: The right to personal data protection was incorporated into the Chilean constitution.

Ley 21.096 (Law on Cybercrime) enacted: Law combating cybercrimes, including those targeting children like cyberbullying and online grooming.

SUBTEL Decree 18 on subscriber information: Decree requiring telecommunications providers to save and maintain complete copies of signed contracts and mechanisms to verify subscriber identity.

Ley 20.526 (Sanctions sexual harassment of minors, virtual child pornography, and possession of child pornographic material) enacted: Law to combat sexual harassment against minors and the possession and production of child pornography.

Ley 20.453 (Net Neutrality) enacted: Legislation upholding the principle of net neutrality, making Chile a global pioneer in this area.

VTR implements child sexual abuse imagery filter: VTR, in collaboration with the Internet Watch Foundation (IWF), became the first ISP in Latin America to implement a filter to automatically block webpages containing child sexual abuse imagery.

Ley N° 20.066 (Ley de Violencia Intrafamiliar) published: Law on Domestic Violence, including provisions for the protection of minors.

SUBTEL Decree 142 on private communications interception: Decree mandating telecommunications companies to comply with court orders for private communications interception while protecting privacy.

Ley 19.927 (Modifies Penal Code on child pornography) enacted: Introduced modifications to the Penal Code, the Code of Criminal Procedure, and the Criminal Procedure Code regarding child pornography offenses.

Ley 19.696 (Código Procesal Penal - Criminal Procedure Code) enacted: Establishes the criminal procedure framework, including provisions for communication interception and data retention.

Ley 19.628 (Protection of Private Life) enacted: Law governing the protection of personal data, considered pioneering at the time but later criticized as obsolete.

Código Penal (Penal Code) enacted: The primary criminal code of Chile, containing various articles related to sexual offenses, including those concerning minors and 'obscene' material.