Vulneración al derecho de la intimidad y privacidad por el indebido tratamiento de datos personales en el Ecuador.

Abstract

Nowadays, the rights to intimacy and privacy enshrined in the Constitution for all citizen are violated by private companies and unprotected by the State, affecting people’s legal certainty owing to the absence of a legal regulation with effective and efficient sanctions that protect the treatment given to the personal data that are stored in databases, in order to avoid the frequent sale, disclosure or publication to third parties for purposes other than those for which they were originally granted, also violating the obligations that private companies had with their customers by not adopting the necessary security measures or by negligence of their employees. For this reason, a data protection law should be created, in which, an entity controls and protects personal data that public and private entities have under their protection gathered due to their commercial and trading activity that they perform and, in the event, that they do not accomplish with the legal regulations, rigorous sanctions will be applied.