Fatigue and drowsiness detection systems: Chilean Labour Directorate confirms their lawfulness and sets strict limits on the use of the data

Author: Bárbara Zlatar

 

On 2 September 2026, Chile’s Labour Directorate established its doctrine on technological devices that monitor workers to detect fatigue, drowsiness or distraction and issue an alert intended to prevent an accident—systems widely used in driving and heavy machinery operation, including in mining and personnel transport.

Until now, the authority assessed these systems by asking whether the camera pointed at the worker and whether it captured a panoramic view, a test built for premises video surveillance that led it to classify several such devices as high-intensity control measures.

This opinion shifts the analysis and repeals that doctrine to the extent it is incompatible: what matters going forward is the purpose justifying the measure, the position the device occupies within the prevention hierarchy, and the use made of the information it records. Devices aimed at preventing serious risks to life or physical integrity are not unlawful per se, but mandatory legal requirements must be met.

The Directorate will verify four points in its inspections:

(i) the risk is identified and assessed in the risk matrix before implementation;

(ii) that workers were informed beforehand, in clear language, about how the system works, what it records, what it is used for and how long the data is kept, and that the measure appears in the internal regulations;

(iii) that the information is used only for prevention, retained only as long as necessary, with restricted access, and deleted when no legal basis remains; and

(iv)  that the alert reaches the worker in time.

Critically, the data may not be used to assess performance, measure individual productivity, support disciplinary action, or justify termination. Data processing remains governed by the Data Privacy Act and the duty of confidentiality under the labour law.