This ruling is particularly relevant in practice, as it defines the scope of the principle of confidentiality in sexual harassment investigations.
On November 24, 2025, the Valdivia Court of Appeals (Case No. 912-2025) upheld an appeal for protection filed by a CONAF official and ordered the Labor Directorate (DT) to hand over a complete copy of the administrative file corresponding to the sexual harassment investigation against him.
The official had requested access to the file containing the investigation conducted by this body in order to prepare his defense in a union immunity proceeding brought against him based on the Labor Directorate’s own report.
However, this request was rejected by the administrative authority on the grounds of the principle of confidentiality provided for in Article 211-B of the Labor Code, without providing further information or explaining why this provision could be invoked once the investigation procedure had been concluded, as in his case.
Subsequently, the Labor Directorate requested that the appeal be dismissed, stating that the correct way to challenge the denial of information is through an appeal to the Council for Transparency, and not through an appeal for protection.
He added that Article 211-B of the Labor Code imposes confidentiality in sexual harassment investigations, so only the conclusions should be disclosed in accordance with Article 211-D, not the entire file.
He also argued that disclosing all the background information would affect the service’s legal defense in an ongoing guardianship case and would expose sensitive information protected by Article 21 No. 1 and No. 2 of Law No. 20,285.
Aware of this background, the court ruled that this refusal violated the right to defense and equality before the law, emphasizing in this regard that “the rules under consideration do not deprive the person under investigation of their right to access the investigation records, especially if the investigation has already been finalized.”
The court added that “As is the case, since the protective purpose of such provisions does not limit their right to a rational and fair procedure under the terms of Article 19 No. 3 of the Political Constitution of the Republic, which implies broad access to the information on which such a procedure is based.”
Consequently, it ordered the Labor Directorate to deliver the entire file to the appellant within five days, after anonymizing personal data, retaining only the functional identification of the parties involved for the purposes of an adequate defense.
This ruling is particularly relevant in practice, as it defines the scope of the principle of confidentiality in sexual harassment investigations, stating that it cannot be used to restrict the access of the accused, and we understand the parties, to the evidence supporting the conclusions of the supervisory body and which will be used in subsequent proceedings, especially in light of the requirements of Law No. 21,643 on protection and due process.
For more information on these issues, please contact our Labor Group:
Jorge Arredondo | Partner | jarredondo@az.cl
Jocelyn Aros | Director Labor Group | jaros@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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