Chile says yes to fatigue-detecting cameras, with a catch 

Cameras that watch drivers and machine operators for signs of drowsiness are becoming standard in mining and transport. If someone’s eyes start to close or their head nods, the system sounds an alert before an accident happens. On 2 September 2026, Chile’s Department of Labour, the government agency that interprets and enforces employment law, issued a formal opinion (Opinion No. 388/32) on these systems. 

It confirmed that companies can use the technology without asking anyone’s permission first. But there’s a catch: the data can only be used to keep people safe. Companies can’t use it to judge performance, track productivity, discipline staff or justify firing someone. If they do, the whole system becomes unlawful, not just that one use. The authority also expects companies to tackle the causes of fatigue, such as long shifts, night work and too few breaks, rather than relying on a camera alone. Workers must be told how the system works before it is switched on. 

There’s a second layer to consider. Chile is overhauling its privacy laws along the lines of Europe’s GDPR, with new rules due to take effect in December 2026, although lawmakers are weighing a one-year delay. Under the new rules, facial scans and signs of drowsiness are likely to count as highly sensitive data. Simply asking employees to sign a consent form won’t be enough. For companies operating in Chile, the message is clear: plan your safety technology and your privacy compliance together. 

The bottom line: if your company uses or plans to use fatigue-detection technology in Chile, check now that it is written into your safety plan, explained to your workers, and limited strictly to preventing accidents. Your data contracts and privacy safeguards should be ready before the new rules arrive.