Back Chile

    Status regarding Budapest Convention

Status regarding Budapest Convention

Status : Party Declarations and reservations : declarations – articles 2,3,7; reservations – articles 4, 6, 9, 22, 29 See legal profile

Cybercrime policies/strategies

Chile has adopted a National Cybersecurity Policy in 2017 when the work of the Inter-Ministerial Committee on Cybersecurity resulted in a document addressing in particular the prosecution and punishment of cybercrime. The policy is aiming also at reducing the risks associated with cyberspace and at improving areas like awareness, training and a culture of cybersecurity among the citizens. With a time- frame of five years (2017-2022), the policy is implementing the goals of the Digital Agenda for 2020, a roadmap designed in 2015 by the government to guide the country’s digital development. Measure 25 of the National Cybersecurity Policy focuses on developing an International cyberspace and cybersecurity policy.

The national authorities have been working on the development of responsiveness and management of cyber incidents through the implementation of procedures and best practices for managing incidents and cyber security in general. Such procedures and best practices are found under the Supreme Decree No. 1299 Programme for Improving Management and Information Security Systems.


Specialised institutions

The powers of the Public Prosecutor to investigate acts constituting crimes are laid down in Articles 80-A and 80-B of the Chilean Constitution. The Public Prosecutor (Ministerio Publico) is exclusively responsible of conducting the investigations of the facts constituting crimes, including cybercrime and to exercise criminal public prosecution as provided in its Constitutional Organic Law.

The Investigations Police of Chile has a research unit specializing in cybercrime called "Metropolitan Cybercrime Investigation Brigade" since October 2000 whose main functions are to detect and investigate illegal conduct on the Internet, provide evidence to Courts and Public Prosecutors and to provide training and research formation in computer crimes. The Metropolitan Cybercrime Investigation Brigade is composed of three areas: (i) Internet Crimes Against Children; (ii) Computer Crimes; and (iii) Computer Forensics.

Chile has a Computer and Security Incident Response Centre known as CSIRT-CL, which is sponsored by the Ministry of the Interior and Public Security, whose main mission includes: (i) provide information and assistance to the Network Connectivity of the State and, in general, the government cyberspace; (ii) administering a system of national and international cooperation on cybersecurity, in order to reduce the risk and articulate response when crimes are actually materialized; (iii) promote good practices in cybersecurity within the government administration; (iv) promote the protection of critical information infrastructures and key resources of the country; (v) promote the strengthening of the legal framework as it relates to computer and cybercrime; (vi) promote awareness on cybersecurity.

Created by the Supreme Decree No. 533/2015, the Interministerial Committee on Cyber Security (Comité Interministerial sobre Ciberseguridad [CICS]) is gathering representatives of Defense, Foreign Affairs, Finance, Telecommunications, and the National Agency for Intelligence, among others.

The government announced in September 2021 the creation of a Data protection Authority that is yet to be put in place.

Jurisprudence/case law

The Supreme Court of Chile has issued judgments and case law related to child pornography and interception of private communications, as well as computer sabotage. The rulings and decisions of the Supreme Court may be accessed directly on the website of the Judicial Branch of Chile