Derecho a la intimidad y la obligatoriedad de establecer el divorcio en la cédula.

Abstract

The Organic Law for the Management of Identity and Civil Data of Ecuador (Ley Orgánica de Gestión de la Identidad y Datos Civiles, in spanish) establishes that the identity card is the public document whose purpose is to identify persons and will have legal validity for all public and private acts. However, such document must contain various data, among which is the civil status. In this order of ideas, the law, in an indirect manner, establishes as mandatory the registration of the civil status of divorce in a public document that is used to identify oneself, which may violate the right to privacy of individuals to keep reserves on their private life, the protection of personal data and informational self-determination. This results in that people who have divorced either by mutual agreement or by causes originated by one of them as established in the Civil Code, have the obligation to establish this in their identity card, which is also a document used to identify themselves. This generates a problem when, by establishing a personal and, in turn, sensitive data in a public document, this information is exposed to the knowledge of any person, preventing the freedom and the right of individuals to establish what data to share about their lives. This paper analyzes the possible violation of constitutional precepts in Art. 94 no. 7 of the Organic Law on Identity and Civil Data Management.