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The recent approval of Chile’s Anti-Terrorism Law authorizes the use of intrusive technologies, such as IMSI catchers, for communications surveillance. This measure directly conflicts with the new Personal Data Protection Law, which aimed to empower citizens and strengthen their rights. The article highlights that, although the data protection framework establishes principles of proportionality and security, the deployment of these mass surveillance tools undermines individual guarantees by intercepting information not only from suspects but also from innocent people, creating a significant risk of state abuse. Beyond data collection, questions arise regarding the State’s capacity to protect the security of the information gathered. Given the history of leaks of sensitive data in public institutions, there is a lack of trust in the government’s ability to adequately safeguard this massive volume of personal data. This technical and administrative vulnerability turns mass surveillance into a real threat, as the absence of robust controls allows information to be misused, improperly shared, or accessed by third parties, transforming an exceptional investigative tool into a mechanism of generalized control. The relevance to open data lies in the fundamental tension between state transparency, technological innovation, and privacy protection. The article serves as a critical warning about how the lack of clear and secure legal frameworks can allow technology to become a tool of opacity and surveillance, rather than fostering accountability. By exposing how national security can be used to justify the erosion of basic rights, the text underscores the urgency of applying open data principles that prioritize auditing, limits on state power, and the unwavering defense of individual rights against the unchecked expansion of digital surveillance.

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Published on 2024-12-23

Open Data

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