Data Protection in Ecuador

Data protection laws in Ecuador

Constitution 

The Constitution of Ecuador in its article 66, referring to the personal freedom rights of individuals in the Ecuadorian territory, the State recognizes and guarantees in section 19: "The right to the protection of personal data, which includes the access and decision on information and data of this nature, as well as its corresponding protection. The collection, filing, processing, distribution or dissemination of such data or information shall require the authorization of the owner or the mandate of the law." 

Article 92 gives the right to every person to be informed of and have access to information, documents, genetic data, personal data banks or files and reports on him/herself and his/her assets, contained in files and/or databases of public or private entities, in material and/or electronic support. The interested individual has the right to be informed of the use, purpose, origin and destination of his personal data and the time of permanence of the file of the same. 

The responsible parties of the personal data banks or files may disseminate the information filed with the authorization of its owner, before which the owner of the personal data may request from the responsible party access to the file free of charge, as well as the updating, rectification, deletion or cancellation of his personal data. 

In the case of sensitive data, the collection and storage must be authorized by law or by the owner. The adoption of the necessary security measures will be required. If the request is not complied with, the affected individual may appeal to the judge and may sue for the damages caused. 

Personal Data Protection Organic Law 

Since May 26, 2021, Ecuador adopted the Personal Data Protection Organic Law, whose main purpose is to guarantee the right to the protection of personal data, that includes the access and decision on information and personal data, as well as its corresponding protection. The law mainly refers to the conditions that must be verified for the legitimate treatment of personal data. It also refers to the ways through which the owner of the personal data may express his or her consent to the processing of his or her data.

Regulation to the Personal Data Protection Organic Law 

On November 13, 2021, the President of Ecuador issued the Regulation to the Personal Data Protection Organic Law, whose main purpose is to develop aspects already provided for in the law. Among the most important aspects of the Regulation are the specifications for requests related to the exercise of data protection rights, the notification of security breaches, data processing agreements, the data protection officer, and international data transfers.

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