Legitimate interest and personal data processing: Comparative background and Chilean regulation

Abstract

The article examines the concept of legitimate interest as a lawful basis for processing personal data. First, the concept of legitimate interest and its connection with the principle of lawfulness of processing personal data is developed. Second, the text examines the European and Spanish sources of the concept of legitimate interest. Finally, it analyzes the status of legitimate interest in Chilean legislation, both under Law 19.628, On the Protection of Privacy, and in banking legislation. The paper concludes that the concept of legitimate interest has been adequately developed in comparative law and that, in the event of amending Law 19.628, such standards should be considered in their general reception under Chilean law.