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¡Bienvenidos a nuestro blog de Derecho y Práctica de la Propiedad Intelectual en Latinoamérica!
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Wednesday 4 August 2010

Aurelio Lopez-Tarruella Martinez

New “face” for the Chilean Data Protection Law

Now that the nice “face” of the social networks is being questioned, the Chilean Legislative Chamber is working on a project which seeks to amend Law 19628 - personal data protection Act. The said amendment will prevent the use of the personal data which is available in this kind of web sites out of the context of the network. This initiative is the result of the need of adaptation of the Chilean law to an inevitable reality, as well as an attempt to include the advice that the Article 29 Data Protection Working Party (Directive 95/46/EC) has made in the European context regarding this matter.

The aim is to develop rules that ease an adequate use of the sensitive data included in the context of a social network and that could affect an individual (see our previous post “Chile: Ley sobre la neutralidad de la Red”). This is why the second paragraph of the project includes a provision regarding the use of personal data found on social networks and which may be available for employers or third parties that could take advantage of such.

This is a clear example of the need of an evolving legislation that can adapt to unforeseeable realities in a digitalized world where a social network can gather “together” more than 500 million users all over the world without moving from its places.

Further information in "Del derecho y las normas"

Written by Natalia Franco (Colombia), posted by Aurelio

Aurelio Lopez-Tarruella Martinez

Aurelio Lopez-Tarruella Martinez