Vulneración del derecho a la autodeterminación informativa por la ausencia de garantías legales.

Abstract

The right to informational self-determination grants the owner of personal data the power of free disposition and decision on the treatment of said data in front of third parties. It is a recognized and constitutionally guaranteed right in Ecuador. This work arises from the observation of facts that constitute violations of the right to informational self-determination and from the need to find solutions to avoid and interrupt these violations. Through this work, a theoretical-legal investigation is carried out to understand legal terms and contexts that involve the right to informational self-determination, as well as an empirical investigation related to the violation of said right. As a proposal, the urgency and need for the issuance of a personal data protection law is addressed, and the Proyecto de Ley Orgánica de Protección de Datos Personal presented by the President of the Republic in 2019 is analyzed.