DESAFÍOS EN LA PROTECCIÓN DE DATOS PERSONALES: EL ROL PROBLEMÁTICO DEL CONSEJO DE LA JUDICATURA Y EL CONFLICTO ENTRE LA PRIVACIDAD Y LA PUBLICIDAD PROCESAL

Abstract

In this work, the protection of personal data is reviewed, based on the recognition of this right within the 2008 Constitution of Ecuador and the Organic Law of Personal Data Protection of 2021. We focus on the various challenges brought about by the implementation of this regulation. This research addresses the role of the Judicial Council as the body responsible for control and discipline within the judiciary, and as a massive data controller of personal data contained in judicial processes. Upheld by the constitutional principles of publicity and transparency, these processes provide unrestricted access within the automated information systems of the Judicial Council (SATJE). It is essential for this entity to identify and incorporate technical measures for data protection into its processes to ensure legitimate processing, balancing privacy rights with principles of transparency and publicity. This ensures due process, legal certainty, and allows citizens to decide how their information is managed and processed. To uphold these norms and principles effectively, techniques such as anonymization in processes and obtaining explicit consent from data subjects for processing their information are proposed, ensuring a threshold of data protection by judicial bodies in the country.