The emergence of digital technologies has radically transformed the way States interact with their citizens. Chile is no exception. The State Administration has undertaken a digital modernization process aimed at optimizing public services, strengthening probity and administrative ethics, and facilitating access to and processing of administrative procedures. However, this process poses significant challenges to the existing legal framework, especially Public Law, which must adapt its operational structures and institutional diversity to a new digital reality.
In this context, it is worth recalling that Chilean Administrative Law has developed based on procedures that presume the physical appearance of interested parties, the use of physical files, and decision-making in a sectorial and fragmented manner. This model is not only inefficient given current demands but also generates tensions within the State itself: on one hand, uniformity in processes is required; on the other, greater efficiency and personalization in actions are demanded. Digital transformation thus emerges as a response to this dichotomy, transcending the merely technological and encompassing legal and political dimensions of the highest order.
It should be noted that the aspiration for a digital State goes beyond mere normative enshrinement. The sought change is, above all, cultural: the State’s service vocation is intended to be expressed through digital environments where information exchange is more formal, agile, and broad, resulting in greater efficiency in public management.
However, the challenges are multiple. On one hand, it is required that all citizens have equitable internet access and possess the necessary skills to operate in digital environments, which is still far from reality. On the other hand, asymmetries in human and financial resources among different administrative bodies could turn this process into a mere declaration of intent. Therefore, it is essential to promote both access and digital literacy—an area where Chile has been a pioneer—and the training of public officials in digital skills, cybersecurity, and citizen service.
In this scenario, Law No. 21,180 on State Digital Transformation, published in 2019, stands as a key milestone in administrative modernization. Broadly, this regulation obliges State agencies to digitize their actions and establish platforms that allow citizens to participate in administrative procedures electronically.
The implementation strategy of this law has focused on the general administrative procedure regulated by Law No. 19,880, establishing a progressive application. This gradual approach allows a transition from digitizing the more formal procedures to full interoperability among State systems, the latter being the real qualitative leap in modernizing the public apparatus.
Indeed, the principle of interoperability—understood as the capacity of electronic systems of different agencies to interact with each other—is fundamental to achieving an efficient digital State. This interconnection will enable effective coordination among administrative bodies, with significant time and resource savings for both the State and individuals.
An emblematic example is the impact interoperability can have on so-called “permitology” in Chile: data integration, coordinated processing, and centralization in its capture will significantly simplify the system of permits, authorizations, and licenses required for economic activities. The implementation of integrated platforms will reduce project processing times, increase institutional transparency, and strengthen accountability.
Therefore, the regulatory redesign driven by the Digital Transformation Law will only be effective if all its stages, especially interoperability, are realized. Otherwise, there is a risk of transferring current bottlenecks from paper to digital.
Now, digitalization also generates new risks. As procedures migrate to electronic platforms and personal data concentrate in State databases, a robust data protection framework becomes indispensable. In this regard, the new Personal Data Protection Law—expected to come into force in December 2026—represents a significant advance by creating a Data Protection Agency and establishing strict requirements for handling personal information in the public sector.
Finally, digital modernization must be accompanied by effective control mechanisms. Oversight bodies must be equipped with technical and legal capacities to supervise the legality of electronic actions. Properly supported, digitalization can even strengthen control mechanisms over the exercise of public powers, as long as accountability procedures are also updated.
The challenge, then, is substantial: adapting the consolidated legal framework to a constantly evolving technological reality. This entails risks but also represents a unique opportunity to build a more efficient, transparent, and citizen-friendly Administration. Consequently, digital transformation must be conceived not only as a technological goal but as a democratic modernization project serving the country’s development.
Pablo Cañón is a lawyer, collaborator in Chirgwin.
