Privacy Law Survey 2021 - Chile

Consent

May consent be used as a legal basis for processing worker information? (Y/N – if N, please explain)

Yes.

Are there any specific worker data collections or processing operations that require prior consent? (Y/N – if Y, when is consent required)

Yes. Employers must inform to their employees about the measures of surveillance or tracking that are applied in the employer's facilities and must require its express and written consent.

Are there exceptions that will allow employers to collect and treat workers data without consent? (Y/N – if Y, list the exceptions)

Yes. According to article 4 of the Chilean data protection law (Law N° 19.628) employers may treat employees' data without employees' consent when personal data is collected from publicly accessible sources, and is of financial, banking or commercial nature, or are contained in lists related to a category of persons that merely indicate background information such as the individuals´