Cybersecurity in Chilean law: Status, challenges and projections

Abstract

The article analyzes the new regulatory context of cybersecurity in Chile, shaped by the recent publication of Laws No. 21,459, on cybercrime; No. 21,663, on the Cybersecurity and Critical Information Infrastructure Framework; and No. 21,719, on personal data protection, with a special focus on cybercrime. The hypothesis proposes that, despite the regulatory advances achieved in Chile, challenges remain to address the challenges of cyberspace and ensure a coordinated response. Through a qualitative approach, based on the critical analysis of national and international norms and specialized doctrines, the new regulatory framework is examined, aimed at building a safe cyberspace through the creation of a new institutional framework for data protection and cybersecurity, such as the incorporation of criminal figures contemplated in the Budapest Convention. Notwithstanding the significant progress made in the national cybersecurity ecosystem, there are still challenges such as regulatory dispersion and fragmentation, the incipient development of a coordinated institutional framework, a weak international cooperation strategy in the prosecution of cross-border crimes and the absence of emerging criminal offenses.