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ESTABLISHES THE PRINCIPLE OF FINALITY IN THE PROCESSING OF PERSONAL DATA

Original Language Title: ESTABLECE EL PRINCIPIO DE FINALIDAD EN EL TRATAMIENTO DE DATOS PERSONALES

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LAW NO. 20,575 ESTABLISHES THE PRINCIPLE OF FINALITY IN THE PROCESSING OF PERSONAL DATA Having regard to the fact that the National Congress has given its approval to the following bill, initiated in a Motion of the Members of the Chamber of Deputies Felipe Harboe Bascunan; Pedro Browne Urrejola; Juan Luis Castro Gonzalez; Joaquin Godoy Ibanez; Carlos Abel Jarpa Wevar; Pablo Lorenzini Basso; Marco Antonio Nunez Lozano; Ricardo Rincon Gonzalez; Joaquin Tuma Zedan, and Mrs. Alejandra Sepulveda Orbenes. Bill: " Article 1.-With regard to the processing of personal data of an economic, financial, banking or commercial character as referred to in Title III of Law No 19,628 on the Protection of Private Life, the principle of the purpose of the processing of personal data, which shall be exclusively the commercial risk assessment and the credit process. The communication of this kind of data may only be made to the established trade, for the credit process, and to the entities involved in the commercial risk assessment and for that single purpose. In no case may this information be required in the personal selection, pre-school admission, school or higher education, emergency medical care or public office applications. Article 2.-For the purposes of this law, it is understood that they are distributors of information of an economic, financial, banking or commercial character, natural or legal persons who carry out directly the treatment, communication and the marketing of the data on economic obligations, in accordance with the provisions of the legislation in force and with full respect for the rights of the data holders. Article 3.-Those responsible for the data banks and the distributors of the personal data registers or banks referred to in this law shall, in the development of their activity, implement the principles of legitimacy, access and opposition, information, data quality, purpose, proportionality, transparency, non-discrimination, limitation of use and safety in the processing of personal data, a question to be considered by the judge as a precedent for determining whether There was due diligence in the processing of personal data. It shall be the responsibility of the distributor or the person responsible for the records or data banks to prove to the judge that he has complied with the obligations imposed by this Article and that he acted with due diligence in the processing of the respective data. Distributors of economic, financial, banking or commercial data registers or banks must have a system of registration of the access and delivery of these antecedents, identifying the name of the person who has requested them, the reason, the date and time of the application, as well as the person responsible for the delivery or transfer of the information. Commercial information holders shall have the right to request every four months and free of charge the information entered in that system for the last 12 months. Article 4.-The distributors of the personal data, financial, banking or commercial registers or personal data banks must designate a natural person in charge of the processing of data, so that the data holders can to come before him for the purposes of making effective the rights granted to them by Law No. 19,628 on the Protection of Private Life. Article 5.-If the holder of the personal data of an economic, financial, banking or commercial character, requires to present information contained in the records or data banks referred to in this law for purposes other than the risk assessment in the credit process, may request the person responsible for a certification for special purposes, who must deliver it by considering only the due and unpaid obligations established in the credit process. Article 6.-Violations of the rules of this law shall be known and punished in accordance with the provisions of Law No. 19,628 on the Protection of Private Life. Article 7.-Amend Article 17 of Law No. 19,628 on the Protection of Private Life, in the following terms: (a) Intercalase, in its first indent, following the word "users", the following final sentence: ", and the information related to obligations of an economic, financial, banking or commercial character as soon as they have been repacted, renegotiated or novated, or they are in some form pending ". (b) Add, in its second indent, following the word "gas", the following: "; neither shall the debts contracted with motorway concessionaires be communicated for the use of their infrastructure." Article 8.-Attaché, in article 141 of the decree with force of law No. 1, 2006, of the Ministry of Health, which fixes the recast, coordinated and systematized text of Decree Law No. 2,763, 1979, and of Laws Nos 18,933 and 18.469, the following Final, new: "Health providers will not be able to consult commercial information systems of any kind, even with the consent of the patient, for the purpose of conditioning or restricting urgent care." Transitional provisions Article 1.-The provisions of Article 3 (2), second indent, shall enter into force on the expiry of the six-month period, after publication in the Official Journal. Article 2.-The persons responsible for the records or personal data banks that deal with information of an economic, financial, banking or commercial character as referred to in Title III of Law No. 19,628 on the Protection of Private Life, may communicate the data relating to those obligations where they have been made payable before 31 December 2011 and are unpaid, provided that the total of unpaid obligations of the holder reporting the register or the data bank to the date of publication in the Official Journal of this law is less than $2,500,000 for capital, excluding interest, readjustment or any other item. In the case of the preceding paragraph, it shall also not be able to provide information to the holder of the data or to communicate the fact that the data holder has benefited from those provisions. '; And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 14 February 2012.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Pablo Longueira Montes, Minister of Economy, Development and Tourism.-Felipe Larraín Bascunan, Minister of Finance.-Cristian Larroulet Vignau, Minister Secretary General of the Presidency.-Jaime Manalich Muxi, Minister of Health. What you transcribe for your knowledge.-Salute intently to you, Christian Delso Sepulveda, Under-Secretary (S) of Economics and Small Business.