Indelegabilidad del rol de responsable de protección de datos en la Función Judicial.

Abstract

The purpose of this research work for obtaining the title of Lawyer of the Courts and Tribunals of Ecuador is to analyze and resolve the regulatory inconsistency that the regulations have for the processing of personal data within the judicial processes handled by the jurisdictional bodies of the Judicial Function, through the Ecuadorian Judicial Procedure Automation System (whose acronym in Spanish is e-Satje). This legal problem originates as a consequence of the delegation of the role of data controller to judges, through the regulations issued by the Judiciary Council, an entity that, by express mandate of the law, is the sole body of government, administration, surveillance and discipline of the Judicial Function. This delegation contravenes what is stipulated in the Organic Law on the Protection of Personal Data regarding who has the role of data controller. Moreover, this power is not typically provided for within those assigned to judges, and in general, to judicial officers. In order that the precepts of the legal system do not contradict each other, it is urged that the Judicial Council repeal this regulation and issue one that conforms to current regulations.