translated from Spanish: Specialists aim to modernize CPLT and El Mostrador workshop data protection law

Specialists from various disciplines who participated in a workshop organized by the Council for Transparency (CPLT) and El Mostrador addressed some of the challenges that Covid-19 has imposed in terms of privacy and access to information, such as a law that allows urgent issues associated with the use of personal data and more transparency regarding its processing.
In the panel, where the general editor of El Mostrador, Héctor Cossio, the counselor of the CPLT, Gloria de la Fuente, addressed the gaps in the area of regulations in the protection of personal data at the national level, which allow to better address the implementation of a “data governance”.
He explained that the gaps are generated from the age of a law dating back to 1999 that does not allow situations that directly affect citizens to be taken into charge in the context of the Coronavirus crisis.
“If there is one thing we have learned about the debate that is taking place in the world in the context of the pandemic is that the losers are the citizens, because fundamental rights cannot be guaranteed,” as is the case with the right of the person to protect their personal data and thus prevent them from being discriminated against” Indicated.
The representative of the Council therefore explained that the CPLT raised the possibility of processing a Short Law to address, inter alia, the processing of biometric data or the establishment of an authority to monitor, monitor and implement a sanctions regime in the event of breaches or breaches of data security.
Meanwhile, for UC engineer Eduardo Undurraga, who was the expert panel, one of the issues that showed this health emergency was that “we are naked” in the field of data access. “What this pandemic has done is to tell us that we lack data and an integrated data infrastructure that allows us to work with better data,” Undurraga said, adding that “there has been progress in data access, but in use and treatment it is very precarious.”
For her part, the lawyer María Paz Canales, executive director of the Digital Rights Foundation, suggested that the fact that she does not have clear information regarding the purpose for which a large amount of data is raised from people, not only prevents us from knowing whether adequate information treatment will be made but also whether the technologies that are proposed are the most appropriate for the objective that is sought to be achieved with a certain measure.
Canales also pointed to the need to transparent the criteria of how to “anonymize” the data – that is, it is not possible to identify or make the person identifiable – that they are being applied. “The issue of anonymization cannot be a commitment of goodwill on the part of the authority, there has to be some transparency criterion that allows external, third parties, civil society, other groups to audit that the procedures that are followed are strong enough to avoid the re-identification of information,” she said.
The director of the Center for Regulation and Consumption of the Autonomous University of Chile, Pablo Contreras, raised that the decisions made by the authorities in terms of data processing can be dynamic and change according to the needs of the contingency, which requires an “ecosystem of guarantees” that ensures the sanction against abuses, which has a body in charge of ensuring compliance with the law.
In the case of the processing of personal data by private data, as in the case of telecommunications companies and the Development University that is supporting the monitoring of quarantined mobility, he pointed to the need to establish guarantees to monitor what these and other institutions do.
He warned, for example, in the case of the transfer of information between entities that “the act of faith must be assumed that a private company – a telecommunications company – gives another private – in this case a university – access to certain information and that personal data is being protected”. In the face of such situations, the lawyer raised that the chances of corroborating that this is the case for users are low, since there is no agency that can monitor this transfer of information.

Check out the video of the workshop here:

Check out the workshop audio here:

Original source in Spanish

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