Since the decision of the Court of Justice of the European Union (‘CJEU’) in Schrems II, issued in 2019, multiple questions have arisen about surveillance laws and evaluations of third countries. One Trust Data Guidance published a series of third country assessments, with summaries from key jurisdictions.
The Third Country Assessment Guidance Notes answer questions that describe the provisions of local laws related to privacy, human rights and surveillance within a specific jurisdiction. Alessandri’s team of Personal Data and Privacy lawyers collaborated on the Chile chapter, 2023 edition, which can be reviewed at this link. The authors were Rodrigo Velasco A. and Jaime Urzúa.
The guide topics are as follows:
Applicable Law
1.1. Rules of law, human rights, and data protection/privacy regime
1.2. Data protection principles
1.3. Individuals’ rights
1.4. Onward transfers
1.5. Accountability
1.6. What are the laws that enable public authorities to access transferred personal data held by private organizations?
1.7. What legal bases are there for public authorities to access and use personal data held by private organizations?
1.8. Are there limitations/safeguards to the legal basis for access or use of personal data by public authorities?
Existence and Functioning of Supervisory Authorities
2.1. Has an independent supervisory authority been established?
2.2. What are the oversight mechanisms for the approval and review of relevant actions by public authorities?
23. Are there legal remedies for data subjects, including effective individual rights and judicial redress?
2.4. Can an organization refuse to comply with an authority access request and what remedies are available to them?
Additional Information
3.1. Do the above provisions apply to both residents/citizens of the jurisdiction and to foreign data subjects?
3.2. Has the jurisdiction entered into international commitments or multilateral or regional systems?
3.3. Is there any further information regarding public authorities’ access to personal data held by private organizations?