Legal basis for the protection and management of personal data

There are several legal grounds that justify a very high standard of care in the handling of personal data, since the processing of such data may involve an intolerable infringement of rights. In this study we will seek to illustrate to the reader the risks involved in video surveillance cameras and facial recognition. This type of technology, which is in its infancy, is highly controversial due to the amount of information it can obtain, which has repercussions on the responsible handling of this sensitive information. The risk is even greater when we see that those who capture the images, those who analyze them and those who distribute them are different legal or natural persons. Thus, this paper will address the historical circumstances surrounding its development, then study the related technological systems, and subsequently analyze the legal basis for data protection and its risks. At the end of the paper, the existing legislation will be reviewed, as well as the relevant jurisprudence, both in Chile and internationally.

Autorentext

Juan de Dios Verdugo é advogado pela Pontificia Universidad Católica de Chile. Trabalha atualmente como assistente na mesma universidade e a sua prática profissional tem-se desenvolvido tanto no sector público como no privado. Esta é a sua primeira publicação.