Digital ID map

Chile

Chile

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Contributor: Javiera Moreno Andrade
Organization: Lawyer, Independent Researcher
Last update:

Chapeau

Please write a short paragraph (250 words or less) highlighting some of the things unique or specific to that country. This will serve as the blurb that pops up on the map/visualization that, when clicked on, will lead to the page with further detail. The goal is to both inform and entice the reader to learn more. This paragraph will also be cross-cutting and applying to the country across to all Categories, so it may need to be updated a few times accordingly as more submissions come in.

Currently, Chile has a digital identification system managed by the National Civil Registry and Identification Service (Servicio de Registro Civil e Identificación), the Clave Única (Unique Code), which is overseen by the Digital Government Division (División de Gobierno Digital) of the Ministry General Secretariat of the Presidency of the Republic (Ministerio Secretaría General de la Presidencia), hereinafter referred to as (DGD).

However, starting from March 1, 2024, the DGD will be transferred to the Ministry of Finance. This will accelerate the implementation of Law No. 21.180 on the Digital Transformation of the State, a process that must be completed by 2027[1].

Regarding the applicable legislation, the Clave Única is not regulated and is not covered by the Law. This, because Chile lacks any legislation that aligns physical identity systems with digital ones[2].

 

In practice, the Clave Única is based on regulatory norms and decrees. Among the main normative references is Circular No. 1, dated June 18, 2010, from the National Directorate of the Civil Registry and Identification Service. providing instructions for the enrolment procedures.

Additionally, the “Presidential Instruction No. 002”, dated August 17, 2012, mandated:

  1. The use of the Clave Unica was urged as a means of validation for electronic procedures.
  2. Established the State Modernization and Digital Government Unit, whose functions included the coordination and assistance in eliminating or simplifying specific civil and legal procedures, with the option of using Clave Única online as an alternative to the physical presence in government offices.

[1] “Artículo: Congreso Nacional APRUEBA La Creación de La Secretaría de Gobierno Digital.” Gob Digital. Accessed February 21, 2024.

[2] Identidad Digital: Conceptos y Legislación. Accessed February 19, 2024.

 

  • Article 4 of the technical norm on authentication defines the Clave Única as:

“Official authentication mechanism administered by the Ministry General Secretariat of the Presidency through its Digital Government Division, exclusively for natural persons. It is based on the OpenID Connect standard, and its Authentication Factor is a password created and managed by the individual, linked to their national unique role (RUN).”

  • Constitutional level:

Article 19 Nº 4 of the Chilean Constitution guarantees to every person the respect and protection of their private life and of the honour of that person and their family.

However, it was not until 2018, with the passing of Law Nº 21.096, that article 19 Nº 4 was modified to incorporate an explicit acknowledgement of the right to the protection of personal data at a constitutional level.

 

  • Legal level:

Since 1999, Chile has a specific legislation for the treatment of personal data, Law Nº 19.628. This norm regulates the requisites for the treatment of personal information, the actions of those responsible for databases and it acknowledges the rights of its owners. Public agencies are subject to article 20, which states that “The treatment of personal data by a public organism may only take place regarding the matters of its competence and subject to the precedent rules. Under these conditions, it will not need the consent of the owner of the data”.

 

  • Technical Authentication Standard:

Article 14 of Law Nº 19.628  establishes that “State Administration bodies must at all times respect the rules regarding the protection of personal data of those who authenticate themselves on their electronic platforms (…) For these purposes, mechanisms must be implemented to guarantee the confidentiality and protection of personal data, ensuring the right of users to access, rectify, cancel, and object to the processing of such data when appropriate, and that they are only used for the purposes provided by law”[1].

[1] Diario Oficial – República de Chile. Accessed February 18, 2024.

 

Currently, the Clave Única (CU) is Chile’s most widely used digital identification instrument. Article 4 of this standard defines the CU as follows:

“Official authentication mechanism administered by the Ministry General Secretariat of the Presidency through its Digital Government Division, exclusively for natural persons. It is based on the OpenID Connect standard, and its authentication factor is a password created and managed by the individual and linked to their national unique role (RUN). The enrolment process for the Clave Única and the Service for attending to natural persons in this regard depends on the Civil Registry and Identification Service. The Ministry General Secretariat of the Presidency, through its Digital Government Division, will manage the electronic platform that enables the activation of the Clave Única for State Administration bodies, the infrastructure of the platform, monitoring its proper functioning, and the validation of identification data”.

 

According to the Report Digital Government in Chile- Digital Identity, the intended functionality of Clave Única is:

  1. Data authentication: citizens can access state services online.
  2. Clave Única will allow the interoperation between institutions based on unique permissions by the users.
  • Clave Única will allow electronic documents to be signed by public bodies.
  1. Clave Única will enable the online interaction between users and the State through direct messages.
  • Within the legal framework for data protection, two applicable but non-specific mechanisms for complaints can be found: the exercise of ARCO rights (clarification, rectification, cancellation, and opposition) established in Article 12 of Law 19,628. However, according to Articles 15 and 16 of the same regulation, requests for information, modification, cancellation, or blocking of personal data cannot be made if it hinders or obstructs the proper fulfilment of the supervisory functions of the required public entity or if it affects the confidentiality or secrecy established by legal or regulatory provisions, national security, or national interest.

 

  • Furthermore, requests for modifying, cancelling, or blocking personal data stored by legal mandate cannot be made outside the cases contemplated in the respective Law.
  • There is no available information regarding this topic (Not mentioned in the report).
  • No mentioned in the report.
  • Particularly, we can associate Chile with those countries that have legal regulations linking physical identity with digital identity, such as Estonia, Spain, and India.
  • Regarding a national registry card, Estonia, India, Korea, Portugal, Spain, and Uruguay) have, as Chile, a national population register and a mandatory national ID Card.
  •  
  • In Chile, the National Civil Registry and Identification Service administers the registration of all citizens, Chileans and immigrants. The Service issues a physical card, the Cédula de Identidad, which must be carried and is used by citizens travelling inside the country, proving identity at public and private institutions, and voting. This publicly operated, centralized population register provides the basis for how the government approaches the question of DI. This model is the basis for several countries, such as Austria, Estonia, India, Korea, Portugal, Spain, and Uruguay.

 

  • To complement the physical Cédula de Identidad (with its number), cardholders are issued two numbers: the Rol Único Tributario (RUT), an identifier for tax purposes, and the Rol Único Nacional (RUN), their number in the national civil register.

 

  • There is a difference between nationals and migrants who are regularized or have temporary residency, as they are assigned a RUT (Unique Taxpayer Number), whether provisional or definitive, which only differs in the correlation of age with the identification number. Migrants, once they have obtained the RUT number, can activate and access the Clave Única.
  • Ongoing Litigation

There is no available information.

  • Previous litigation

Economic Protection Writ (NIC 1169-2020), Court of Appeals of Santiago. A software development company specializing in creating software for Notaries and Conservators in Chile filed a request for access to the use of the Cláve Única (CU), which was denied by the Product Owner of the Cláve Única at the Ministry General Secretariat of the Presidency Digital Government Division. The company argues that it is facing arbitrary discrimination in conducting its economic activities since access has been granted to other private companies, and the denial has the effect of causing a loss of competitiveness compared to other private enterprises.

The Court of Appeals of Santiago established that the Cláve Única tool is provided to natural persons as a unique digital identification for conducting online procedures with the government. This differs from the advanced electronic signature and the validation provided by private Certification Service Providers, the activities carried out by the private companies mentioned by the petitioner, and the structure of the alleged discrimination.

The legal action was rejected by the decision of the Court of Appeals of Santiago on June 3, 2020, and the Supreme Court affirmed this decision.

  • Chile is at a transition in terms of its approach to DI. Based on the existing model of demonstrating identity with a physical card, the country launched Clave Única in 2012. This mechanism for proving that someone is who they claim to be when accessing online services is now moving into further development to extend its functionality and utility with the ambition that it becomes the default mechanism for people to access and grant permission for access to their records across the public and private sector.

 

  • The launch of Clave Única in 2012 was a direct response to this challenge and reflects the current model for DI in Chile. The administration of ClaveÚnica involves both SRCeI and DGD. It uses the identity infrastructure discussed above to provide citizens with a single DI based on a username and password that complements the physical ID card which citizens already possess. However, it is not the only DI approach within the Chilean government, with there being other competing approaches provided by different parts of the Chilean public sector.
  • Currently, the obtaining of the Clave Única has been implemented remotely via a video conference with an executive from the Civil Registry. Visit https://codigo.srcei.cl and schedule your appointment. One hour before the appointment, you will receive an email with the link to the video conference, which you can conduct from your computer or mobile device. You must have your identity card, and the cardholder should only carry out the process.

 

  • On the other hand, the Clave Única can be obtained at any office of the Civil Registry and Identification Service or ChileAtiende network locations by requesting it at the service counter and presenting your valid identity card.

 

  • Civil Digital of the Civil Registry and Identification Service or the ChileAtiende network, has also implemented self-service kiosks totems, where you can obtain the Clave Única using your identity card and fingerprint.
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