LEY NÚM. 21.663

LEY MARCO DE CIBERSEGURITY

Bearing in mind that the H. National Congress has approved the following

Bill:

"TIT I

General provisions

PART II

Obligations of cybersecurity

PART III

From the National Cybersecurity Agency

PART IV

Regulatory coordination and other provisions

PART V

National Defence Computer Security Incident Response Team

PART VI

Information reserve in the public sector on cybersecurity

PART VII

Offences and sanctions

PART VIII

Interministerial Committee on Cybersecurity

PART IX

Constitutional autonomous bodies

PART X

From modifications to various legal bodies

TRANSITORY PROVISIONS

Having complied with the provisions of Article 93, paragraph 1, of the Constitution of the Republic, and since I have had the right to adopt and punish it, therefore, to promute and take effect as the Law of the Republic.

Santiago, March 26, 2024.- GABRIEL BORIC FONT, President of the Republic.- Carolina Tohá Morales, Minister of the Interior and Public Security.- Alberto van Klaveren Stork, Minister of Foreign Affairs.- Maya Fernández Allende, Minister of National Defense.- Mario Marcel Cullell, Minister of Finance.- Alvaro Elizalde Soto, Minister Secretary General of the Presidency.- Nicolás Grau Veloso, Minister of Economy, Promotion and Tourism.- Luis Cordero Vega, Minister of Justice and Human Rights.- Juan Carlos Muñoz Abogabir, Minister of Transport and Telecommunications.- Diego Pardow Lorenzo, Minister of Energy.- Aisén Etcheverry Escudero, Minister of Science, Technology, Knowledge and Innovation.

What I am transcribing to you for your knowledge. Attentively, Manuel Zacarías Monsalve Benavides, Undersecretary of the Interior.

Constitutional Court

Bill establishing a Framework Law on Cybersecurity and Critical Information Infrastructure, for Bulletin No. 14.847-06

The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Senate sent the bill set out in the heading, approved by the National Congress, in order that this Court exercise the preventive control of constitutionality in respect of its articles 1 (2); 10; 11 letters (a), (c), (d), (e), (i), (k) paragraphs 2 and 4; (n), (n), (w) and (47);

It states:

I. That the following provisions of the Bill, approved by the National Congress, which establishes a Framework Law on Cybersecurity and Critical Information Infrastructure, corresponding to Bulletin No. 14.847-06, are in conformity with the Constitution of the Republic:

Article 10;

Article 11 (b), (c), (g) and (o);

Article 11 (k) second paragraph, in the phrase "A Minister of the Court of Appeal of Santiago shall be responsible for hearing the request" and paragraph 4, in the phrase "Unlike the ruling of the Minister of Court, appeal shall be made to the Court of Appeal of Santiago";

Article 17(1)

Article 20, paragraph 3, in the phrase "The members of the Council shall be obliged to submit a declaration of interest and heritage, in accordance with the provisions of Act No. 20,880, on probity in the public service and prevention of conflicts of interest";

Article 46(1), in the phrase "Procedure of judicial claim. Any person who deems that an administrative act that paralyses the procedure, or a final or final decision emanating from the Agency, is illegal and causes them to be harmed, may deduce a claim of illegality before the Santiago Court of Appeal or the place where the claimant is domiciled, at the election of the latter, and in its letter (h), in the phrase "Contra the Appeals Court ruling may be appealed to the Supreme Court";

. Article 53(1) first, in the phrase "Special rules. The Senate and the Chamber of Deputies, the Judiciary, the Office of the Comptroller General of the Republic, the Central Bank, the Public Prosecutor ' s Office, the Electoral Service and the National Television Council shall take the security measures of their relevant computer networks and systems; and paragraph 2 below, in the phrase "without prejudice to the fact that cybersecurity incidents and coordination and cooperation in response to cybersecurity incidents must be agreed";

Article 54.

II. That Article 53's Third Decision is contrary to the Constitution of the Republic, and it must therefore be deleted from the text of the Bill submitted to Preventive Constitutional Control.

III. No Pronunciation, in the Preventive Constitutional Review, of the remaining provisions of the Draft Law for not dealing with matters that affect the Constitutional Organic Law.

Santiago, March 20, 2024.- María Angélica Barriga Meza, Secretary Constitutional Court.