The Data Protection Agency that doesn't arrive

COMMENTSMR. DIRECTOR: Although there is no official statement, the Minister of Economy and Mining, Daniel Mas, indicated that the government is considering postponing the implementation of the new Personal Data Protection Law, scheduled for December 1, 2026. The decision would respond to the rejection, in the Senate, of the shortlist proposed by the Executive and to the expiration of the legal deadline to appoint the governing council of the future Personal Data Protection Agency, which currently lacks an overseeing body. While the announced delay mirrors experiences of other countries in the region, such as Brazil, where institutional processes also faced delays, what is truly concerning is the attempt to relax, even temporarily, the requirement for exclusive dedication of the members. This measure weakens an essential pillar of the institutional model: the independence of the regulator. Exclusive dedication is not a formality but the guarantee that those overseeing the processing of personal data do not maintain professional ties with the regulated entities, avoiding conflicts of interest and safeguarding public trust. Comparative experience shows that the autonomy of control authorities largely depends on that independence. Weakening it from the origin of the Data Protection Agency would set a precedent that diminishes regulatory autonomy in the face of political contingencies. If the Executive needs more time, it is preferable to postpone, once, the implementation of the law rather than lower the independence standards that the legislator itself established. Chile cannot afford a weakened data regulator before it is born. Emilio Oñate Vera Professor of Administrative Law, Central University More on: Implementation Institutional framework Data protection