NUEVA VISIÓN DEL DERECHO DE PROTECCIÓN DE DATOS PERSONALES EN ECUADOR

Abstract

The development of technology advances every year and new tools are created to facilitate the flow of personal data. This phenomenon has been the object of study by several lawyers and researchers because of the obvious danger in the lack of regulation in the treatment of people security data. In comparative law, this concept has been developed that has made it possible to raise the Right to Protection of Personal Data in the catalog of fundamental rights. In 2008, the Constitution of Ecuador recognized for the first time the protection of citizens' personal data, however, we have not had a specialized law on the matter, nor an authority that continuously controls and monitors data processing. This is the rights of Ecuadorians have been violated to such an extent that in 2019 the data of almost the entire Ecuadorian population was leaked. Ecuadorian companies have not been forced to implement technological data protection systems until the enactment of the new Organic Law on Protection of Personal Data, which will allow for the first time in Ecuador to be a preventive and sanctioning mechanism that binds both public and private entities to respect the right to protection of personal data.