The new ruling establishes criteria for the use of technologies to monitor sick leave, reinforcing the limits applicable to the processing of sensitive personal data.
Effective July 1, 2026, the Social Security Superintendency (SUSESO) issued Ruling No. O-01-S-02791-2026, clarifying that COMPINs and Isapres may not use active geolocation systems (GPS), facial recognition, biometrics, or other similar technologies to verify compliance with medical leave, even if the worker provides consent.
The Superintendency states that current regulations do not provide express legal authorization for the use of these tools in monitoring medical leave.
Furthermore, it emphasizes that such technologies involve the processing of sensitive personal data; therefore, their use requires specific legal regulations establishing their scope, purposes, and safeguards.
Given the foregoing, supervisory entities must continue to verify compliance with medical leave solely through the mechanisms currently provided for in the legislation and in the instructions issued by SUSESO itself, and the member’s consent does not permit an expansion of these powers.
Now, while the ruling is directed at COMPINs and Isapres, it establishes an important precedent regarding personal data protection and limits on the use of monitoring technologies, reinforcing the principle that the processing of biometric or geolocation data requires a sufficient legal basis when used for oversight purposes.
This ruling takes on particular significance in light of the new Personal Data Protection Act, which is set to take effect in December 2026, reaffirming the need for organizations to review their use of technological tools involving sensitive data and carefully assess their legal basis before implementing them.
For more information on these topics, please contact our team:
Jorge Arredondo | Partner | jarredondo@az.cl
Jocelyn Aros | Labor Group Director | jaros@az.cl
Juan Pablo González | New Technologies and AI Director | jgonzalez@az.cl
Felipe Neira | Senior Associate | fneira@az.cl
Palmira Valdivia | Associate | pvaldivia@az.cl
Manuel Sepúlveda | Associate | msepulveda@az.cl
Catalina Díaz | Associate | cdiazp@az.cl
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