SERNAC conducted a survey to identify the knowledge, care and interest that consumers have regarding the processing of their personal data on websites.
The results are announced within the framework of the International Day for the Protection of Personal Data that is commemorated every January 28, in addition to the recent enactment of the Proconsumidor Law that reaffirms SERNAC's powers to use its powers in matters of personal data. .
For the Director of SERNAC, Lucas Del Villar, personal data ceased to be just information a long time ago “and today they are the digital footprint of people, which can be put to good or bad use. When consumers give their authorization to deliver personal data, they must be aware of the use that will be given to them and the rights that assist them, especially considering that with Artificial Intelligence this type of information is used to profile consumers, predict behaviors and design strategies that are not always beneficial for them”.
Underlines the importance of educating consumers on these issues, especially as the survey results indicate that the majority of people state a high level of concern that their personal data may be used without their permission, however, also a high percentage admits that they do not read the privacy policies.
Indeed, the survey indicates that 72% of people state that they are very or extremely concerned that their personal data may be collected on the internet. However, 48.90% of those surveyed responded that they never read the privacy policy of the websites they visit. 40% of people say they read them sometimes and only 4.1% say they always read the privacy policy. of the site you browse.
The authority points out that these results show that the behavior of consumers is consistent with the evidence collected at the international level on the so-called "privacy paradox" or the discrepancy between the concern expressed and the real behavior of users, that is, people they claim to be very concerned about your privacy, but do very little to protect your data. As the literature indicates, this may be reflected in the tendency to disclose personal information for relatively small rewards or a low commitment to protect personal data.
Based on these results, SERNAC designed an experiment to evaluate cookie configuration preferences on the SERNAC website, the results of which are being analyzed.
Cookies are pieces of text that are used to retain information in web browsers and are used to store and receive identifiers and other data on computers, phones and other devices. That is, through its use, the providers of a website can obtain data related to its users. These are one of the main tools used by websites to collect and store personal information.
The experiment is based on behavioral sciences in order to identify the necessary stimuli so that the format and content of the messages encourage people to reduce the delivery of their personal data, if they deem it appropriate, when browsing the Internet. .
To do this, SERNAC designed a series of messages that it posted on its website through a “pop-up” that informed them about the use of cookies and asked for their consent. The results will allow us to know which of the messages work best to encourage people to read them and be more careful with the authorizations they give for the use of their personal data.
Pro-consumer Law and Circular Artificial Intelligence
The Proconsumidor Law that entered into force on December 24, 2021, ratifies that in matters of personal data, SERNAC has the power to protect consumers. This means that it can supervise, issue circulars or seek compensation in collective processes in cases that affect the personal data of consumers.
This does not replace the powers of current or future regulators, but complements them, since when the new specialized agency is installed by law, SERNAC will continue to pursue compensation for affected consumers in this matter and the nullity of abusive clauses.
The Undersecretary of Economy, Julio Pertuzé pointed out that “If for years the protection of personal data was a necessity within the economy, today it is much more necessary. The pandemic pushed its use through the use of digital channels, both in commerce and through public institutions. Its protection has become an urgency, which is why, in addition to the work of Sernac, as a Government we are working to achieve greater consolidation in this policy. After 5 years of work, the creation of a new independent Data Protection Agency, related to the State through the Ministry of Economy, was unanimously approved in the Senate. This project will further strengthen your protection of people. With the advance to its second legislative process, we hope to continue growing in this sense, guaranteeing better protection for all Chileans”.
CIRCULAR
SERNAC recently issued the Artificial Intelligence Circular that establishes guidelines for companies on the application of these systems. Among other matters, it instructs the proper safeguarding of the personal data of consumers, indicating that all processing of personal information must be based on a legal basis and have the consent of the owner, that this consent be valid, informed and express (granted by writing), and the owner of the data may revoke that authorization.
Personal data must be accurate and up-to-date, as well as be deleted and canceled when their storage lacks a legal basis or when they have expired. Likewise, erroneous, inaccurate, misleading or incomplete data must be modified.
Additionally, the agency is also working on a Circular on abusive clauses in personal data that will soon be submitted to public consultation.