• Fecha: 13 Jul 2011
• Referencia: Terra

"Chile needs an institutionalism of data protection," said attorney Frederick Allendes, president of Pro Acceso, after learning the results of Pro Acceso’s study, which revealed that 48% of public organizations transfer the personal data of Chilean citizens to other institutions.

It is the opinion of the lawyer that this situation is a serious conflict facing Chile as a country that has not been envisioned by the authorities. "This is a problem of great magnitude in a democratic country because it concerns a transfer of data in the care of the state. The moment the State hands over personal data to the private sector, the fundamental right to privacy is being affected, and a democratic state of law has to promote, respect, and strengthen fundamental rights," he said.

According to the lawyer, the legal protection of private data borders on the illegal. “In Chile, the legal environment and cultural environment concerning data protection is an exaggerated liberality, on the boundary of the illegal (...) We are in a legal environment in open infringement of the privacy of individuals."

"The existing personal data protection law is insufficient because it only concerns the automatic processing of data, but is not at all concerned with the use of information databases, there are a number of deficiencies in this law", he said.

In the same vein, Allendes stressed that there is a bill in Congress that seeks to institutionalize the protection of personal data, but it has not advanced in the legislative process.

"The government of Michelle Bachelet sent a bill to Congress, which sets the institutional framework for the Council for Transparency. However, this initiative is sleeping in Congress, has no priority in the public agenda, and in the meantime, personal data is being trafficked every day.”

The president of Pro Acceso also slipped in a critique of the population for ignoring the importance of protecting personal data. "When people buy an electronic voucher, they do not ask where their personal data is being transferred to, there is no informed consent for this data transfer."

He also stressed that via the point system of some retail companies, it is possible for the companies to almost completely know the behavior of a household. "At this moment, companies can know what you eat, drink, or who in your household is sick or not sick. Chileans cheerfully deliver our data; we do not care to protect them."

Finally, Allendes was hopeful for progress in the protection of personal data, because in his view, institutions take advantage of the absence of adequate protection.

“As there are no effective sanctions to punish the misuse of personal information databases, institutions do what they want (...). There needs to be an institutional structure to put an end to this kind of behavior", he said.

HARBOE: THERE IS A CRIME OF VIOLATION OF SECRECY

The deputy of the PPD, Felipe Harboe, author of the proposed data protection bill, said that what happens in public bodies corresponds to a "breach of the obligation to maintain in reserve" the information of citizens.
 
"Therefore, this would correspond to introducing a criminal action for the crime of violation of secrecy, because sensitive information is protected by the secrecy of state officials, and this would be a breach of the obligation to maintain the secrecy of that information", he said.

With regard to the parliamentary PPD initiative, he explained, "the proposed bill establishes that personal data belongs to each natural individual and not to the institutions. In addition, enshrined in the Bill is the principle of the purpose of the datum, that is, you give me your data for something and I can not use it for any other purpose."

The initiative was approved by the Commission of Economics, so in the coming days it should be debated and voted on the floor for further processing.

Finally, the Parliamentarian explained that the draft of the Data Protection law holds executives of institutions that breach the rules to be jointly liable for any damages the institution would have to pay.

"To discourage breaches, the proposed law establishes the sanction of the Commercial Manager or General Manager who is jointly liable for damages caused, while the victims are entitled to claim compensation for the misuse of their data," he said.

Source: Terra