Privacy online in the Chilean constitutional case law

Authors

Abstract

This article aims to review the current state of protection to people’s privacy on the Internet, by analyzing the constitutional case law from the Chilean Constitutional Court, the Supreme Court, and some Courts of Appeal in Chile that have decided on the right to privacy and the right to inviolability of any form of private communication. It shows that daily activities of Internet users –such as using e-mail, texting, and online browsing– are protected by most relevant constitutional case law, but some court decisions deny protection because of mere formulary exigencies, despite the special protection required by these forms of communication under the constitutional rule.

Keywords:

Privacy – electronic communications — Chile — cases law