Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

Privacy policies are highly recurrent on websites, however ¿are they enough to demonstrate that the data subject has authorized their processing? Our opinion is that they are not enough. The condition we want to analyse is transparency. In other words, we claim that if those policies are not transparent, in the sense that if they are not easily accessible nor their text is clear and legible, it is not possible to conclude that the data subject has authorized the processing of personal data.

In its decision in Packingham v North Carolina, the Supreme Court of the United States found a North Carolina law that barred registered sex offenders from ac- cessing commercial social networking web sites (social media) as unconstitutional, be- cause of the law’s overbroad restriction of lawful first amendment speech. This comment analyzes the details of the constitutional review by the Supreme Court, reviewing the general criteria used in such reviews, using the arguments presented in the case. It also briefly considers the possible consequences of the decision.

This article analyzes the conflicting relationship between video surveillance practices and the right to privacy. With this purpose, two recent cases resolved by the High Courts of Justice are reviewed. After identifying the main considerations of such sentences, the author develops three aspects that he considers problematic: the scope of the concept of privacy, advocating for a broad sense of this right, also extended to the public sphere; the importance that underlies the rule of law in terms of intrusion to privacy; and the necessary balance of interests via the principle of proportionality.

The Electronic Processing Law establishes new rules about the personal data treatment in the Chilean Judiciary System, which oppose the current Law 19,628. The multiple origins of the personal data incorporated in the database of the jurisdictional entity make complex the differentiation based in the principle of finality. The new norm, in conjunction with the principle of publicity, ends in a force transfer of the ownership of personal or sensible data from the people that use the Judiciary System.

The Chilean net neutrality regulation has been widely analyzed worldwide, as it is the first law in the world to recognize this principle, which aims to prevent arbitrary discrimination of internet traffic. One of the main challenges in interpreting and implementing this law within Chile has been the regular practice of zero-rating, in which certain telecommunications providers prioritize certain applications through free data. Although this practice was qualified as a breach of net neutrality by the regulatory body, the Subsecretariat of Telecommunications (Subtel), zero-rating is still practiced by mobile telephone companies as part of their subscription offers. This article seeks to analyze both the legal status of zero-rating in Chile and the evolution of the Subtel criteria.

This article analyzes new transformations and their economical implica- tions in the innovation process worldwide. Furthermore, it describes the main changes to the legal regime of inventions on the framework of an employment or services con- tract. In this sense, we make a proposition of fundaments related with the order of new relationships established in the Cuban Law of Inventions and its role in the technological innovation system structure; specifically, the main economics interests of the inven- tor and its employer.

The new fiscal challenges posed by the digital economy, as suggested by the OECD, confirm the obsolescence of the concept of permanent establishment offered by article 5 of the Model Convention to avoid double taxation. Nevertheless, the proposals aimed at finding a solution to such obsolescence on the digital economy conceal a more complex conflict for Chile, which focuses on the way Chilean jurisprudence has interpreted the scope of the permanent establishment’s aforementioned clause. Thus, this article provides systematic and technical analysis of the legal environment of the concept of permanent establishment from the perspective of digital economy, deepening on aspects that can improve their application in specific cases.

Studies have established that the adopting e-filing systems reduces the costs of tax compliance, as well as the frequency of firms being visited by officials of the State administration. This has led Latin America countries to implemented tax audits by connecting directly to the electronic systems of taxpayers. Nevertheless, this type of audits conceals a more complex conflict in the face of the violation of the rights of taxpayers. Thus, the present article provides a systematic and technical analysis on how the countries under study have developed tax audit procedures through electronic systems, whose evidences show asymmetries in the normative regulation against the rights of taxpayers.