The initiative seeks the correct identification of air transport passengers.
On Friday, May 2, Law No. 21.734 was published in the Official Gazette, which modifies Article 5 of Decree Law 2.460 that regulates the Chilean Investigative Police (PDI).
Thanks to the new wording, the PDI is empowered, by means of any technological device or means, including the processing of biometric data, to take the necessary measures to ensure the correct identification of persons, the validity and authenticity of their travel documents, as well as their free will to enter, leave or move within the country by means of air transport services.
It also adds that “for the fulfillment of its functions, the Chilean Investigative Police may enter into agreements with other agencies of the State Administration and autonomous institutions. Likewise, it must comply with the provisions of Law No. 19,628 on the protection of privacy”.
Likewise, the law states that “for the definition of technical standards for technological means, the Chilean Investigative Police may consult the Digital Government Secretariat of the Ministry of Finance”.
This amendment reflects the digital transformation process that organizations and institutions in Chile are going through, including those in the public sector, and highlights the challenge of incorporating new tools and technologies to serve their functions, always safeguarding compliance with the principles and rules on personal data protection.
Finally, it should be noted that biometric data correspond to a category of sensitive personal data according to the future article 2° letter g) of the Personal Data Protection Law. This implies the need to adopt additional security, confidentiality and proportionality measures in its treatment, in accordance with international data protection regulations and standards.
For more information on these issues, please consult:
Rodrigo Albagli | Partner | ralbagli@az.cl
Eugenio Gormáz | Partner | egormaz@az.cl
Yoab Bitran | Director Compliance Group | ybitran@az.cl
Antonia Nudman | Senior Associate IP, Tech and Data Group | anudman@az.cl
Esteban Orhanovic | Associate IP, Tech and Data Group | eorhanovic@az.cl
Felipe Barrera | Associate Compliance Group | fbarrera@az.cl
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