Abstract

The article 161-A of the Chilean Penal Code is a sample of the results that are obtained when so important matters, like the penal protection of the privacy, are legislated precipitately. The norm in analysis resists innumerable critiques; its draft is confused and vague, giving us an arduous interpretation work. This paper tries to contribute in this analysis, thinking over punctual problems, for example, regarding to the first clause we studied, specially, if the indiscretion or disloyalty is penalized in the communications and private performances, while as for the second clause it is pondered if who diffuse the information must to know about that it was obtained illegally. Further, is outlined the necessary restrictive interpretation of these norm, the public interest is analyzed as foundation of the legal or judicial authorization to execute the conducts, and of legeferendae, are indicated the advantages about to introduce a subjective element as the purpose of damaging the privacy of other one, in order to save the uncertainties that exist in the current legislation.