Alcance de la protección de datos personales en el marco legal ecuatoriano.

Abstract

This study aims to determine to what extent the personal data of Ecuadorians are protected, considering the current legal framework in the country. In the country, the Law of the National Public Data Registry System is in force, which governs both public and private institutions that have the custody of information to which, according to article 18 of the Constitution of the Republic, in its numeral second, all people have the right to access. The objective of this law is to guarantee legal certainty, organize, regulate, systematize and interconnect information with transparency, effectiveness and efficiency. However, in practice, when a person, whether natural or legal, exercises this right, and not only accesses, but processes and stores said data on other platforms, information mirrors are obtained that are then transferable both within the national territory or even outside. Although SINARDAP establishes procedures, with high quality standards, for the custody of data, in practice, it is unable to successfully articulate the processes subsequent to their release. That is why there is great concern about when the access of third parties to said data, can cause a detriment or affectation to the owner or owner of said references. It is evident, for example, that the Data Protection Law does not specifically determine which personal references will have to be considered as sensitive to violating fundamental rights such as intimacy and privacy.