The new regulation obliges security personnel to pass a training course that will include a subject on privacy and use of personal data.
On May 27, the new Private Security Regulations were published in the Official Gazette, issued within the framework of Law No. 21.659, which establishes the new legal framework for private security in the country.
It is important to mention that the regulation introduces a series of relevant provisions regarding the treatment of personal data by the entities subject to its regulation.
One of the most important aspects is the obligation of these entities to collaborate with law enforcement agencies and the Public Prosecutor’s Office through the transmission of personal data and license plates of vehicles entering their premises, provided that there is an express request from such authorities.
This transmission must be made using interoperable verification systems that ensure traceability and efficiency in the access to information.
In turn, regarding this obligation, but with a general scope, the regulation expressly states that:
“The processing of personal data and the systems, automated or not, created for compliance with this regulation shall be subject to the provisions of the regulations on personal data protection”.
This implies, among other duties, the implementation of measures that guarantee the confidentiality, integrity and availability of the data, as well as respect for the principles of purpose, proportionality and minimization.
In this way, the regulation explicitly articulates the function of safeguarding private security with the obligation to protect the fundamental rights of the persons whose data are collected and processed, in accordance with the regulations in force.
In addition, it imposes a new requirement in terms of training, taking into account the importance of privacy awareness.
Thus, both private security guards and security guards, doormen, night watchmen, patrolmen or others of similar nature must pass a training course that, among its mandatory contents, includes a subject on privacy and use of personal data.
The purpose of this training will be to provide knowledge on principles, concepts and rules applicable to personal and sensitive data, with special emphasis on their adequate protection.
The subject must be taught by graduates in legal and social sciences or lawyers, or by professionals in the information technology area who hold a professional degree in higher education of at least eight semesters.
For more information on these issues, please contact:
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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