Is it legal to use a VPN in Chile? Are there any restrictions? What does the law say about encryption and the use of virtual private networks? In this article, we take an in-depth look at the Chilean legal framework regarding VPNs, their legitimate applications, practical advantages for users and businesses, and also the limits that could arise in an environment where digital surveillance is a growing threat.
What is a VPN and what is it used for?
A VPN (Virtual Private Network) allows an encrypted tunnel to be created between the user's device and a remote server, hiding their IP address, protecting their data, and allowing access to geographically restricted content. Among its main uses are:
- Access blocked or geolocated services.
- Protect privacy against public Wi-Fi networks.
- Avoid advertising tracking and government surveillance.
- Establish secure connections between offices or to the cloud.
Is it legal to use a VPN in Chile?
In Chile, the use of VPNs is completely legal. There is no law prohibiting the use of encryption technologies to protect user privacy. In fact, the right to privacy is enshrined in the Political Constitution of the Republic of Chile (Art. 19, No. 4), and the use of tools such as VPN reinforces that right.
Related Laws and Regulations
- Law 19,628 on the Protection of Private Life: Regulates the processing of personal data and establishes that it must be used with informed consent.
- Computer Crimes Law (Law 21,459): Establishes penalties for crimes such as unauthorized access to computer systems, but does not restrict the use of technologies such as VPNs.
- Cybersecurity bills: Under discussion since 2023, they have not included measures that limit the legitimate use of privacy tools such as VPNs or encryption.
In short, no specific authorization is required to use a VPN in Chile, nor to offer this service, as long as it is not used to commit crimes.
Advantages of using VPNs in the Chilean context
- Protection against digital surveillance: Although Chile does not have a history of mass surveillance like other countries, internet providers can monitor or record activity. A VPN reduces this exposure.
- Net Neutrality: Although Chile was a pioneer in legislating neutrality in 2010, some providers have been accused of discriminatory practices. A VPN helps bypass these types of blocks.
- Remote work and teleworking: On the rise since the pandemic, many Chilean companies use corporate VPNs for secure access to their systems.
- Avoiding geoblocks: Many users in Chile use VPNs to access content from Netflix, HBO Max, Disney+, among others, that is not available in their region.
Limitations and legal gray areas
Although the use of VPNs is legal, there are ethical and legal limitations associated with how they are used:
- Use for activities Illegal acts: Such as fraud, access to illegal content, phishing, or cyberbullying. A VPN does not provide legal immunity.
- Logging obligations for certain services: Some government or banking services may restrict access if they detect the use of a VPN, for security or geolocation reasons.
- Trust in the provider: Not all VPNs provide the same protection. Free or dubious providers may log your activity.
Can the government force you to hand over your passwords or data if you use a VPN?
Not directly. However, in legal proceedings, a court may request access to your devices or accounts. This does not imply a ban on the use of encryption or VPNs, but they can exert pressure in certain cases, especially in criminal investigations.
Future prospects: Could the law change?
Chile is modernizing its digital legislation with projects such as the new National Cybersecurity Agency and laws on critical digital infrastructure. Although there are no signs of an attempt to ban encryption or VPNs, there is a latent risk if legislation is geared more towards control than digital freedom.
In this sense, it is key to maintain the principle of proportionality and respect the right to privacy as the basis of any regulation.
Recommendations for the responsible use of VPNs in Chile
- Choose a VPN that does not record logs (no connection or activity records).
- Avoid free services that compromise your privacy with advertising or tracking.
- Check that the service has servers in countries with trusted jurisdictions.
- If you are a journalist, activist, or risk professional, consider using VPNs with advanced protocols (WireGuard, OpenVPN) and audited policies.
Conclusion: A legal and necessary tool in a fragile digital environment
VPN in Chile is not only legal, but also a legitimate tool of digital sovereignty. Faced with the growth of corporate surveillance, data abuse by platforms, and possible future censorship, VPNs represent a technological defense of the right to privacy.
However, their use must be responsible, informed, and supported by ethical providers that truly protect the user. Digital freedom is not only defended with laws, but also with sovereign technology.
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