In Chile, the right to privacy and to the protection of personal data is set out in article 19 No. 4 of the Constitution. Since Law 21.096, published on 16 June 2018, that provision guarantees «the protection of their personal data» and entrusts the law with regulating its processing. That law is Law 19.628, as amended by Law 21.719.
The essentials in 30 seconds
- Article 19 No. 4 guarantees all persons respect for and protection of the private life and honour of the person and their family, and the protection of their personal data.
- Data protection was added by Law 21.096, a constitutional amendment published on 16 June 2018.
- The Constitution leaves the form and conditions of data processing to the law: today, Law 19.628; once it enters into force, the text as amended by Law 21.719.
- Article 20 allows article 19 No. 4 to be defended through a constitutional protection action (recurso de protección) before the Court of Appeals.
- Privacy and data protection are not the same: the former protects the intimate sphere; the latter, control over personal information that others process.
The right to privacy is one of the fundamental rights that Chile's Constitution guarantees to all persons. Since 2018 it expressly includes the protection of personal data, which makes the data protection law the development of a constitutional right and not merely a technical regulation. If you are looking for the overall picture of the law, start with our guide to the personal data protection law. If you want the full picture, start with our guide to the personal data protection law in Chile.
This article explains the exact text of article 19 No. 4, what Law 21.096 added, how privacy differs from data protection and what avenues a person has today to defend them. Sources reviewed at the Library of the National Congress on 3 November 2026.
What does article 19 No. 4 of the Constitution say?
Article 19 of the Political Constitution of the Republic lists the rights it guarantees to all persons. Its paragraph 4 currently reads: «Respect for and protection of the private life and honour of the person and their family, and likewise, the protection of their personal data. The processing and protection of these data shall be carried out in the form and under the conditions determined by law».
The provision has two parts. The first protects the private life and honour of the person and their family. The second recognises the protection of personal data as a right in its own right and leaves it to the law to establish how those data are processed and protected.
What did Law 21.096 change?
Law 21.096 is the constitutional amendment that added the protection of personal data to article 19 No. 4. It originated in a motion by senators, was enacted on 5 June 2018 and was published in the Official Gazette (Diario Oficial) on 16 June 2018. It has a single article, which adds to the provision, after «and their family», the phrase «and likewise, the protection of their personal data. The processing and protection of these data shall be carried out in the form and under the conditions determined by law».
Before that amendment, the provision protected private life and honour, but did not mention personal data. Since 2018, data protection has its own constitutional standing, and the law that develops it must be read in light of that right.
| Rule | What it establishes | Date |
|---|---|---|
| Law 19.628, on the protection of private life | Chile's first general personal data protection law | Official Gazette of 28 August 1999 |
| Law 21.096, constitutional amendment | Adds the protection of personal data to article 19 No. 4 | Official Gazette of 16 June 2018 |
| Law 21.719 | Rewrites Law 19.628, creates the Personal Data Protection Agency and sets a new article 1 that regulates processing «in accordance with article 19, No. 4» | Published on 13 December 2024; entry into force currently set for 1 December 2026 |
Is the right to privacy the same as data protection?
No. They are in the same provision, but they protect different things. The right to private life safeguards the intimate sphere of the person and their family against intrusion. The right to personal data protection safeguards a person's control over the information that identifies them when others collect, store, use or disclose it, even if that information is not intimate.
An example helps: a person's work email address is not part of their intimate life, but it is personal data. Its processing is subject to the data protection law even if there is no intrusion into private life.
| Right | What it protects | Where it is developed |
|---|---|---|
| Private life and honour | The intimate sphere and reputation of the person and their family | Article 19 No. 4; the inviolability of the home and of private communications is in No. 5 |
| Personal data protection | Control over the information that identifies a person and that third parties process | Article 19 No. 4 and Law 19.628, as amended by Law 21.719 |
How does the Constitution relate to Law 21.719?
Law 19.628, as rewritten by Law 21.719, is the law to which article 19 No. 4 refers. Its new article 1 says so expressly: the purpose of the law is to regulate the form and conditions in which the processing and protection of the personal data of natural persons is carried out, «in accordance with article 19, No. 4, of the Political Constitution of the Republic». It also provides that all processing, including that carried out by public bodies, must respect the rights and freedoms of persons. The reference is new: the article 1 in force today does not mention the Constitution.
The same article draws a line with another constitutional right: the law's regime does not apply to processing carried out in the exercise of the freedoms of expressing opinions and of informing under article 19 No. 12. The media are subject to the law when they process data for a purpose other than expressing opinions and informing. The summary of the reform is in the Law 21.719 guide, and what changes compared with the 1999 law is in the summary of Law 19.628.
How is the right to data protection defended?
There are three avenues, and not all of them are available today:
- Protection action (today). Article 20 of the Constitution allows anyone who suffers a deprivation, disturbance or threat in the exercise of the right under article 19 No. 4, through an arbitrary or unlawful act or omission, to apply to the relevant Court of Appeals.
- Claim before the civil court (today). While the current text of Law 19.628 remains in force, if the controller does not respond within two business days to a request for access, modification, deletion or blocking, or denies it, the data subject may apply to the civil court of the controller's domicile; if the denial is based on national security or the national interest, the claim goes to the Supreme Court (article 16).
- Complaint before the Agency (from the entry into force of Law 21.719). The data subject will be able to file a complaint with the Personal Data Protection Agency within thirty business days when the controller denies their request or does not respond in time (article 41). Anyone who considers a final decision of the Agency, or an act that halts the procedure, to be unlawful may bring an illegality claim before the Court of Appeals of Santiago or of their domicile within fifteen business days of notification (article 43).
The entry into force of Law 21.719 is currently set for 1 December 2026. The Senate approved a bill to postpone it that would move it to 15 October 2027, but as of 3 November 2026 it is in the Chamber of Deputies and is not law. The procedure before the Agency is explained in how to file a complaint with the Agency.
What does it mean for a company?
Article 19 No. 4 does not by itself add operational obligations: those are in the law. But constitutional standing has two practical effects. First, the data protection law and the Agency's instructions are interpreted as the development of a fundamental right. Second, arbitrary or unlawful processing can be challenged through a protection action, in addition to the avenues provided for in the law itself.
In practice, what protects a company is being able to show that it processes data on a lawful basis, for a specified purpose and with the measures the law requires. That is the work of implementing Law 21.719. In the workplace, employee data has its own rules, which we review in employee and HR data.
Can your company show that it respects article 19 No. 4?
In a 30-minute assessment we review how you process personal data and what you are missing to comply with Law 21.719 with evidence.
Schedule an assessmentFrequently asked questions
Where is the right to privacy in Chile's Constitution?
In article 19 No. 4, which guarantees all persons «respect for and protection of the private life and honour of the person and their family, and likewise, the protection of their personal data». The form and conditions of data processing are set by law.
What is Law 21.096?
It is the constitutional amendment that added the protection of personal data to article 19 No. 4 of the Constitution. It was enacted on 5 June 2018 and published in the Official Gazette on 16 June 2018.
Is personal data protection a fundamental right in Chile?
Yes. Since Law 21.096 of 2018, the protection of personal data has been recognised in article 19 No. 4 of the Constitution, alongside respect for and protection of private life and honour.
Which law regulates personal data protection in Chile?
Law 19.628 of 1999. Law 21.719 rewrites it and creates the Personal Data Protection Agency; the new article 1 of Law 19.628 states that it regulates data processing «in accordance with article 19, No. 4» of the Constitution. The entry into force of the reform is currently set for 1 December 2026.
Can a protection action be filed over the misuse of personal data?
Yes. Article 20 of the Constitution includes article 19 No. 4 among the rights covered by the protection action, which is filed with the relevant Court of Appeals when an arbitrary or unlawful act or omission deprives, disturbs or threatens its legitimate exercise.
What is the difference between privacy and data protection?
Privacy protects the intimate sphere of the person and their family against intrusion. Data protection protects control over the information that identifies a person when others process it, even if that information is not intimate, such as a work email address.
Does Law 21.719 apply to the media?
In part. It does not apply to processing carried out in the exercise of the freedoms of expressing opinions and of informing (article 19 No. 12 of the Constitution). But the media are subject to it when they process data for another purpose, for example that of their subscribers or employees, under the new article 1 of Law 19.628.
Where can I complain today if a company misuses my data?
Until Law 21.719 takes effect, you can file a protection action with the Court of Appeals or, if the controller does not respond within two business days to your request for access, modification, deletion or blocking, apply to the civil court of the controller's domicile under article 16 of Law 19.628. From the entry into force of the reform, complaints will go to the Agency (article 41).
Official sources
- Political Constitution of the Republic of Chile — articles 19 No. 4 and 20, Library of the National Congress
- Law 21.096, enshrining the right to the protection of personal data (Official Gazette of 16 June 2018)
- Law 19.628 consolidated with the amendments of Law 21.719 (version in force from 1 December 2026) — articles 1, 41 and 43
- Law 19.628 on the protection of private life — text in force as of 3 November 2026 (articles 1 and 16)
This article is for information purposes only and does not constitute legal advice for a specific case.