El derecho al olvido aplicable en los procesos judiciales en el E-SATJE.

Abstract

The purpose of this research is to justify the importance of incorporating the Right to be Forgotten into Ecuadorian legislation, specifically to protect a person's identity within the electronic system used by the Judiciary. Therefore, the relevant doctrines of the right to be forgotten in the digital sphere, its scope and importance as a right derived from human dignity will be pointed out in the theoretical and legal framework, taking into account that the fifth section of article 92 of the Constitution of the Republic of Ecuador establishes the Jurisdictional Guarantee of "Habeas Data Action", by virtue of the fact that this action is the one used in judicial practice as a mechanism to guarantee the right to be forgotten in the digital sphere, by enabling the elimination of personal data stored in digital networks and platforms, thus protecting the identity of the citizen on the Web page. It is therefore important to add the wording of the definition or phrase “right to be forgotten” to Chapter VI, Article 49 of the Organic Law on Jurisdictional Guarantees and Constitutional Control, which also establishes the “Habeas Data Action”, a reform intended to prevent the persistence of personal information on the computer network and prevent it from being used maliciously by third parties. That is, to deindex all personal data information of the person involved in judicial proceedings that is archived, because it is obsolete information that affects the freedom and access a contract employment.