Legalidad de la obligación de publicar información societaria.

Abstract

In Ecuador, the regulation of personal data faces the challenge of balancing the right to privacy with the demands of transparency in the corporate environment. The Constitution of the Republic, in its article 66, numeral 19, recognizes the right of individuals to the protection of their personal data, guaranteeing its control and appropriate use. However, in practice, this right may be affected by certain regulatory provisions that allow the dissemination of personal information in the corporate context. The Policy for the Treatment of Personal Data in the Superintendence of Companies, Securities and Insurance (SCVS) bases the publication of data of partners and shareholders on article 2, numeral g, of the Organic Law for the Protection of Personal Data, which establishes that the data of legal entities may be accessible to the public. However, this provision poses a problem when the information disclosed exceeds the limits provided for in the regulations, including sensitive data such as home addresses, fingerprint codes and identification numbers. This overexposure of information generates a violation of the right to privacy, since it allows unrestricted access to data that could be misused. The purpose of this study is to analyze the legal weaknesses of the current legal framework in relation to personal data in the corporate sphere, suggesting modifications that align Ecuadorian legislation with international standards, in order to balance corporate transparency and the protection of privacy and the fundamental rights of individuals.