ChileLey 21.719, health data and human biological profile data
Ley 21.719 art. 16 bis of Ley 19.628 as inserted by Artículo primero (datos personales sensibles relativos a la salud y al perfil biológico humano)
A sensitive categories rule binding public and private bodies.
- Audit expectation
- none
What it requires
- From , process data on a person's health or human biological profile (including genetic, proteomic or metabolic data) only with the data subject's express consent under Article 16 and only for the purposes the special health laws provide, unless an Article 16 bis exception applies.
- From , do not process or cede health or biological profile data, or biological samples tied to an identifiable person, that were collected in a labor, educational, sports, social, insurance, security or identification setting, unless the law expressly authorizes it in a qualified case (Article 16 bis).
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Article 16 bis limits the purposes for which health and biological profile data may be processed and bans their processing when collected in listed settings. It names no log or record of the processing. No audit, access party or retention period is named, and the article carries no territorial clause, so the hook is empty; the territorial rule of Article 1 bis is read on the row that cites it.
- Kind
- None
- As of
What this law does
Where the express consent rule of Article 16 is met, health data and data on the human biological profile, such as genetic, proteomic or metabolic data, may be processed only for the purposes provided by the special laws on health.
The processing and ceding of health and biological profile data, and of biological samples associated with an identifiable person, is prohibited where the data or samples were collected in a labor, educational, sports, social, insurance, security or identification setting, unless the law expressly authorizes the processing in qualified cases.
Health and biological profile data may be processed without consent in cases of a legally decreed health alert and where necessary for preventive or occupational medicine, assessment of a worker's work capacity, medical diagnosis, provision of health or social care or treatment, or management of health and social care systems and services.
The amendments to Ley 19.628 made by 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 processes personal data or handles health records.
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