Regulación normativa del uso de la Inteligencia Artificial en el Ecuador, una revisión con perspectiva constitucional.

Abstract

This study analyzes the sufficiency of the draft Organic Law for the Regulation and Promotion of Artificial Intelligence in Ecuador to guarantee fundamental rights and comply with constitutional guarantees. It examines the current legal framework on personal data protection and its applicability in the context of artificial intelligence, identifying regulatory gaps that may affect the security and privacy of citizens. It also evaluates the feasibility and sufficiency of the bill in terms of regulation, transparency and control over the development and use of AI in the country. Based on the comparative analysis with international experiences, good regulatory practices are identified that can serve as a reference for the Ecuadorian context, highlighting the need for independent oversight, impact assessment on fundamental rights and algorithmic transparency. Finally, legal recommendations are presented to strengthen national regulations, including the incorporation of accountability mechanisms, greater control over algorithms used in critical sectors and a regulatory framework aligned with international standards. the findings show that, although the draft law represents progress, it still requires significant adjustments to ensure effective regulation of artificial intelligence in Ecuador. It is concluded that it is essential to strengthen the regulation with oversight and accountability measures to mitigate risks and promote technological development aligned with the protection of fundamental rights.