Law project that eliminates and prohibits the use of data related to unpaid debts

Yesterday, August 3rd, the bill that eliminates and prohibits the use of data related to unpaid debts as of April 30th, 2022, was approved by the Chamber of Deputies, moving to its second constitutional procedure before the Senate.

The project, submitted for processing by parliamentary motion on April 6th, under Bulletin number 14888-03, seeks to incorporate a special regulation into Law No. 19,628 on the Protection of Personal Data. Its objective is to prohibit those responsible for personal data registries or banks that process information of an economic, financial, banking or commercial nature, from communicating to the public data related to obligations that have been made due from October 18th, 2019 to May 31st, 2022 and are overdue and unpaid, provided that the total amount of such obligations -as of the date of publication of the law in the Official Gazette- is less than $2,500,000.- for each owner of the data, for capital, excluding interest, readjustments or any other item. Likewise, they may not provide information to the owner of the data, nor communicate the fact that the latter has benefited from this provision.

If the norm is approved, the aforementioned prohibitions would be applicable to the distributors of information of an economic, financial, banking or commercial nature, considering as “distributors” the natural or legal persons who directly carry out the treatment, communication and commercialization of the financial personal data, in accordance with the provisions of current legislation.

Finally, the project incorporates a fine for tax benefit in case of non-compliance, which may range from 1,000 UTM to 2,250 UTM, and whose substantiation and application will be governed by the procedure established in article 16 of Law No. 19,628, prior request of the owner of the data.

The current text of the project responds to the wording proposed by the Commission of Economy, Development; Micro, Small and Medium Enterprises, Consumer Protection and Tourism of the Chamber of Deputies and left out the indications presented by Deputy Christian Matheson, who sought to reduce the amount to $1,000,000.-, in addition to incorporating a new article to the project of law according to which the owner of the data will be granted the possibility of waiving the prohibition established by the norm, to the extent that it is an express waiver, made verbally or in writing, and made through any channel care of the entity authorized to access the information.

After the approval of the project by the Chamber of Deputies, the reviewing chamber was notified, and the project passed to the Senate’s Economy Commission for review and analysis, pending its incorporation into the table of citations of said commission.

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