Liability of the state administration for cybersecurity breaches

Abstract

This article analyses the civil liability of the State derived from damages caused to individuals by cybersecurity incidents, when they constitute a breach of the obligation of security in data processing in Chile. Under the concept of lack of service, this article analyzes the standards of cyber security that the State must observe as a responsible of personal data processing, the standard of diligence required in case of incidents that affect the computer systems used for the provision of public services and, as a result, causes damages to personal data holders.