Duty LXD-2740
Makes credit decisions, in Chile
Each law's tag says when it binds: proposed proposed from , in 3 weeks not yet in force
Boletín 16.821-19, clasificación de riesgo y prohibición de sistemas de IA de riesgo inaceptableproposed1 line
Boletín N° 16.821-19, arts. 6 y 7 (proyecto de ley que regula los sistemas de inteligencia artificial) · Read the law's page
- Before distributing, placing on the market or putting into service an AI system in Chile, determine whether its intended use is an unacceptable-risk use listed in Article 7 (subliminal manipulation, exploitation of personal characteristics, categorization based on sensitive personal data, generic social scoring, real-time remote biometric identification in publicly accessible spaces, untargeted extraction of facial images, or emotion inference in criminal law enforcement, border management, workplaces and educational centers), since such systems are prohibited, subject to the therapeutic exceptions in Article 7(1) and 7(3).
Boletín 16.821-19, obligaciones para sistemas de IA de alto riesgoproposed2 lines
Boletín N° 16.821-19, arts. 9 y 10 (proyecto de ley que regula los sistemas de inteligencia artificial) · Read the law's page
- An operator of a high-risk AI system must have a risk-management system, data governance adequate to the system's purpose and context of use, technical documentation, a records system, human-oversight mechanisms, adequate accuracy, resilience and cybersecurity, and measures to deactivate, withdraw from the market or suspend a system that does not conform to the rules, and must establish and document a monitoring system for the period after deployment.
- Notify the persons affected by an incident, as the bill defines it, as soon as you know of it and a causal link between the use of the AI system and the incident, or a reasonable possibility of one, has been established, and in any case no later than 72 hours after you become aware of the incident (Article 12).
Ley 21.719, right to object to automated individual decisions, including profilingfrom , in 3 weeks2 lines
Article 8 bis of Ley 19.628, as substituted by Artículo primero of Ley 21.719 · Read the law's page
- From , do not subject a person in Chile to a decision based on automated processing of their personal data, including profiling, that produces legal effects on them or significantly affects them, unless the decision is necessary to conclude or perform a contract with them, they have given prior and express consent, or a law provides for it with safeguards, and honor their objection (Article 8 bis).
- From , for every decision based on automated processing of personal data, adopt the measures that secure the data subject's rights and freedoms, including information and transparency, an explanation, human intervention, the chance to express a point of view and a request to review the decision (Article 8 bis).
Ley 21.719, rights of access, rectification, suppression, opposition, blocking and portabilityfrom , in 3 weeks7 lines
Ley 21.719, arts. 4 to 11 of Ley 19.628 as substituted by Artículo primero (derechos del titular de datos) · Read the law's page
- From , confirm on request whether you process a person's personal data and, if you do, give the person access to the data and to the information Article 5 lists.
- From , rectify inaccurate, outdated or incomplete personal data on request, and tell those to whom you communicated or ceded the data about the rectification unless that is impossible or demands a disproportionate effort (Article 6).
- From , delete personal data on request in the cases Article 7 lists, unless processing is necessary for a purpose Article 7 excepts, such as complying with a legal obligation or performing a contract with the data subject.
- From , stop a processing the data subject objects to when it rests on your legitimate interests, unless you prove compelling legitimate grounds, and stop processing carried out exclusively for direct marketing, including profiling, when the data subject objects (Article 8).
- From , suspend processing temporarily when the data subject files a rectification, suppression or opposition request and asks for it, until the request is resolved (Articles 8 ter and 11).
- From , give a data subject who asks a copy of the personal data the data subject supplied, in a structured, commonly used electronic format, and transfer it to another controller, where the processing is automated and based on consent (Article 9).
- From , handle rectification, suppression and opposition requests free of charge and answer every request within thirty calendar days, extendable once by thirty calendar days (Articles 10 and 11).