Personal data protection: can the rule be anchored only in consent?

News7 January 2026
In the article published by Idealex.press, Ghislaine Abarca, associate at ECIJA Chile, analyses the role of consent in the processing of personal data in the framework of the PAES and the Higher Education Access System.

In the context of the Admission 2026 process, the column published in Idealex.press analyses the processing of personal data in the PAES, one of the most massive and sensitive systems in the country, considering the volume and nature of the information involved, as well as the participation of young people and, in many cases, minors.


The article examines the emphasis that the new regulatory design gives to informed consent as an enabling basis for the communication of data from public bodies to higher education institutions, addressing the tensions that this configuration can generate in complex public systems, whose purpose is to ensure transparent, equitable and functional processes.


Finally, the challenge of advancing towards interpretations that harmonise the protection of personal data -recognised as a fundamental right- with the State's duty to guarantee effective access to other essential rights, such as education, within the framework of the new legal regime that will soon come into force.


Access the full article published by Idealex.press here.

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