Chile Legal Mini-FAQ — Employee Monitoring, Consent, Notice and Proportionality

Do we need employee consent to monitor company devices

Under Ley 19.628, processing generally relies on consent or other lawful bases recognized by law and case-by-case practice. For workplace monitoring, provide an explicit privacy notice and avoid collecting sensitive data unless strictly necessary and lawful. The new Act reinforces transparency and purpose limitation.

Is advance notice required

Yes. Provide a clear privacy notice that explains purposes, tools used, legal basis, data categories, retention, recipients and international transfers, and how to exercise ARCO rights. Make it available at onboarding and in your telework policy.

What does proportionality require

Use the least intrusive monitoring to achieve a legitimate aim. Limit capture to work hours and company devices, prefer sampling rather than continuous recording, and restrict admin access. DT opinions emphasize proportionality and that systems like camera monitoring must not affect worker dignity.

Can we record screens or take periodic screenshots

Yes when justified and disclosed for work purposes on company devices. Set a short default retention such as 14 to 30 days, restrict access and log exports. Disable recording outside working hours.

What are ARCO rights and how do we handle them

ARCO in Chile covers access, rectification, cancellation and opposition. Provide a channel to receive requests, verify identity and respond in statutory timeframes. Document responses and implement corrections or deletions where applicable.

Do we need to register databases or appoint a DPO

Ley 19.628 historically contemplated database notifications in certain contexts; the new Act creates an authority and modern obligations that may include risk assessments and reporting duties. Assess requirements during the transition and map responsibilities in your privacy governance model.

Are cross-border transfers allowed

Yes but you must inform data subjects and adopt safeguards that provide adequate protection. Review processor contracts and international transfer mechanisms.

How does telework law affect monitoring

Law 21.220 requires a written telework agreement and respect for rest and disconnection time. If you use monitoring to control schedules, make sure it aligns with telework rules and does not undermine disconnection rights.