Is it legal to use a VPN in Chile? Are there restrictions? What does the law say about encryption and the use of virtual private networks? In this article, we explore in depth the Chilean legal framework regarding VPNs, their legitimate applications, practical advantages for users and companies, and also the limitations 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 you to create an encrypted tunnel 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:

  1. Accessing blocked or geolocated services.
  2. Protecting privacy against public Wi-Fi networks.
  3. Avoiding advertising tracking and government surveillance.
  4. Establishing secure connections between offices or to the cloud.

Is it legal to use a VPN in Chile?

In 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 VPNs 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. Law on Computer Crimes (Law 21.459): Establishes penalties. to 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 summary,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 a VPN in the context Chilean

    1. Protection against digital surveillance: While Chile does not have a history of mass surveillance like some other countries, internet providers can monitor or log activity. A VPN reduces this exposure.
    2. Net neutrality: Although Chile was a pioneer in legislating on net neutrality in 2010, some providers have been accused of discriminatory practices. A VPN helps bypass these types of blocks.
    3. Remote work and teleworking: Booming since the pandemic, many Chilean companies use corporate VPNs for secure access to their systems.
    4. Avoiding geo-blocks: Many users in Chile use VPNs to access content from Netflix, HBO Max, Disney+, among others, that is not available in their region.

    Legal Limitations and Gray Areas

    Although VPN use is legal, there are ethical and legal limitations associated with how they are used:

    1. Use for illicit activities: Such as fraud, accessing illegal content, phishing, or cyberbullying. A VPN does not grant legal immunity.
    2. Registration requirements for certain services: Some government or banking services may restrict access if they detect the use of a VPN, for security or geolocation reasons.
    3. Trust in the provider: Not all VPNs offer the same level of protection. Free or dubious providers can record your activity.

    Can the State force you to hand over your passwords or data if you use a VPN?

    Not directly. However, in legal proceedings, a court can request access to your devices or accounts. This does not imply a prohibition on the use of encryption or VPNs, but it can exert pressure in certain cases, especially in criminal investigations.

    Future perspectives: 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 that encryption or VPNs are being banned, there is a latent risk if legislation is geared more towards control than digital freedom. In this sense, it is key that the principle of proportionality be maintained and that the right to privacy be respected as the basis of any regulation. Recommendations for the responsible use of VPNs in Chile: Choose a VPN that does not keep logs (no connection logs or activity).

  • 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 high-risk professional, consider using a VPN with advanced protocols (WireGuard, OpenVPN) and audited policies.

    • Conclusion: a legal and necessary tool in a fragile digital environment

    The VPN in Chile is not only legal, but also a legitimate tool for 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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