Derechos Digitales Raises the Bar for Chilean ISPs' Privacy Commitments in New Report
Chile’s internet service providers (ISPs) have over the last five years improved transparency about how they protect their users’ data, thanks in large part to Latin American digital rights group Derechos Digitales shining a light on their practices through annual ¿Quien Defiende Tus Datos? ( As such, Derechos Digitales didn't give them credit in that category. annual assessments, which started in 2017, and implemented best practices in most categories covered by the reports. Certain transparency practices that once seemed unusual in Latin America have become the default among ISPs in Chile. The new criteria raises the bar on best practices, taking into account new privacy challenges and the incredibly magnified role digital technologies play in our lives compared to 1999, when Chile enacted its existing data protection law (Law No 19,628 of 1999). Claro reported only one request during the first quarter of 2022. Although the time periods differ, the discrepancy in numbers is striking. Derechos Digitales' report notes Claro’s efforts in 2019, 2020, and 2022 advocating for user notification, including carrying out actions both in Congress and before the Public Prosecutor's Office demonstrating its concern for finding a way to put in place a notification procedure that adheres to the notice right enshrined in Article 224 of the Code of Criminal Procedure. Do ISPs have a public guide about law enforcement requests for user data that specifies the procedure, requirements, and legal obligations that must be fulfilled? If requests relate to the development of public policies, ISPs must commit to hand over only anonymized and aggregate data to the competent authority. Claro and WOM received full credit in this category; the other four ISPs received 75 percent credit.
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