The Constitutional System for the Protection of Privacy in Chilean Law

Abstract

This article proposes a systemic review of the protection of privacy in the Chilean Constitution, understood not only by the norms of Article 19 No. 4, the right to privacy and the right to the protection of personal data, but also through the normative content provided by No. 5, which comprises the rights to the inviolability of the home, private communications and documents, subject to constitutional protection. When we conceive the privacy protection standards set out in Chilean constitutional law as a system, we can appreciate that despite the obvious differences between the different rights that form this system, there are areas where they do intersect or overlap when applying them to specific facts. This wide scope of protection is essential to apply the right to privacy as a strong defence against the threats and risks posed by the use of digital technologies. Chile, Privacy, Constitutional Law, Personal Data, Private Communications, Informational Self-Determination