Chile's Senate moves to delay its data law to 2027
A committee unanimously backed the government's bill, but the opposition wants a shorter delay and one expert proposes postponing only the fines.
Chile could get its personal data law a year later than planned. With no votes against, the Senate Constitution Committee on Monday gave the green light to debate the executive's bill to delay Law 21,719, which was set to take effect on Dec. 1, 2026 and would move to the same day in 2027.
The text touches on another point: it raises the board of the Personal Data Protection Agency from three members to five, with partial renewals every two years. The government argues that with three, the body could lack a quorum.
That agency, which is supposed to oversee and sanction, does not exist in practice. In March the government proposed three board members and withdrew the slate after objections; in May the Senate rejected a second one for failing to reach the required two-thirds. The legal deadline to set it up passed on June 1.
Before the committee, Deputy Economy Minister Karlfranz Koehler defended the change: implementation "has been complex," and with three board members the body "might not be able to meet." Minister Daniel Mas acknowledged that it "has been hard to find the people" for the board.
Harboe's alternative
Former Sen. Felipe Harboe, a co-author of the law, proposed a different route: the substantive rules would take effect and the agency would start up in December 2026, and only its powers to inspect and sanction would wait until 2027, with "assisted adaptation." A full postponement, he warned, "could extend abuses if safeguards are not taken."
For the opposition, including Sen. Matías Walker, a full year is too long: he proposes six months, or phasing in the law. Socialist Sen. Juan Luis Castro said the delay should not exceed 180 days.
The executive committed to giving the bill immediate priority, and the detailed debate starts Tuesday. The committee did not publish a vote count.
For companies operating in Chile, the uncertainty is practical: they do not yet know whether they must comply from December of this year or until December 2027. What the Senate decides on the deadline, or on delaying only the fines, will determine when rights such as access to data or objecting to its use can be demanded.
