ChileLey 21.719, right to object to automated individual decisions, including profiling
Article 8 bis of Ley 19.628, as substituted by Artículo primero of Ley 21.719
A data subject rights rule binding public and private bodies.
As of .
What it requires
- 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).
These lines are LexLint's reading of the law's text, as of .
What this law does
A data subject has the right to object to, and not to be the subject of, decisions based on the automated processing of the data subject's personal data, including profiling, that produce legal effects on the subject or significantly affect the subject.
The right does not apply where the decision is necessary to conclude or perform a contract between the data subject and the controller, where the data subject has given prior and express consent in the form Article 12 prescribes, or where a law so provides, to the extent that it requires safeguards for the data subject's rights and freedoms.
In every case of a decision based on automated processing, including those three, the controller must adopt the measures needed to secure the data subject's rights and freedoms, right to information and transparency, right to obtain an explanation, to human intervention, to express a point of view and to request review of the decision.
The amendments to Ley 19.628 contained in the first permanent article of Ley 21.719 enter into force on the first day of the twenty-fourth month after the law's publication in the Diario Oficial.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.