On January 6, 2026, the public sector salary adjustment bill was submitted to the Chamber of Deputies. As in previous years, in addition to the salary adjustment itself, the bill proposes introducing various amendments to other statutory bodies. Among these, we highlight the proposed amendments to Law No. 21,719 on the protection of personal data, aimed at facilitating its proper implementation.
In particular, with respect to this matter, the bill contemplates the following amendments:
- Appointment of the Members of the Governing Board
Regarding the appointment of the members of the Governing Board of the Personal Data Protection Agency, the following is proposed:
- While the current regulation provides that they must be appointed 60 days prior to the entry into force of the law, the bill proposes that such appointments be made 6 months in advance.
- • Appointment of the Chair and Vice Chair: It is established that the Chair and Vice Chair of the Governing Board shall be appointed at the first meeting held by the Board, rather than simultaneously with the appointment of the board members.
- Propuesta al Senado:Se dispone que el Presidente de la República deberá presentar al Senado la propuesta de designación de los consejeros con una antelación de 8 meses a la entrada en vigencia de la ley. En caso de que el Senado no se pronuncie dentro del plazo previsto para dicho nombramiento, la propuesta se entenderá aprobada.
- Early Exercise of the Governing Board’s Functions
The date from which the board members may exercise their positions is also amended. While the current regulation conditions the exercise of such functions on the entry into force of the law, the bill establishes that board members may exercise their functions as from the date of their appointment, being empowered to perform, among others, the following functions:
- • Administratively apply and interpret legal and regulatory provisions on personal data protection.
- Aplicar e interpretar administrativamente las disposiciones legales y reglamentarias en materia de protección de datos personales.
- • Develop programs, projects, and actions for dissemination, promotion, and public information.
- • Propose to the President of the Republic and, where applicable, to the National Congress, legal and regulatory provisions aimed at ensuring the proper protection of personal data and at improving the regulation of its processing and use.
- Other Matters
Finally, it is established that the administrative and operational support functions of the Governing Board, prior to the entry into force of the law, shall be provided by the Undersecretariat of Economy and Small Enterprises, and changes are introduced regarding the date on which the Agency’s bylaws must be submitted to the President of the Republic.
For further information on this matter, please contact Macarena Naranjo (mnaranjo@jdf.cl) or Consuelo Santana (csantana@jdf.cl).
