Cybercrime and Data Protection Law in Chile

E-Commerce is growing vastly in Latin American countries, and for this reason these countries are steadily enacting legislation against cybercrimes. There are innumerable types of cyber-crimes of which the most currently and internationally prosecuted are (1) Internet fraud (including businesses, auctions, merchants, securities); (2) identity theft; (3) hacking, data theft and destruction; (4) child predation and pornography; (5) cyber-stalking; (6) extortion and sabotage; and (7) terrorism. Both, international organizations and national governments are enacting crime-specific legislation against cybercrimes. For instance, some European countries have signed the Cybercrime Convention, which addresses several Internet wrongdoings including intellectual property violations; the United States has enacted a great number of statutes typifying certain conducts as cybercrime offenses. Among them, we have the Digital Millennium Copyright and the Child Pornography Act; the European Union published the Data Protection Directive as well as other Directives addressing other specific Internet offenses. Chile enacted Data Protection law No. 19,223 in 1993. Following is a brief of this Chilean Data Protection Law.

The following questions have been addressed in this article:

How does Law No. 19,223 protect the information technology systems?
How does Law No. 19,223 protect the data contained in information technology systems?
Does Law No. 19,223 address the issue of hacking and data theft?


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