Protección de datos y sus implicaciones para la defensa del consumidor : limitaciones y oportunidades para Ecuador.

Abstract

The Organic Law on Personal Data Protection [LOPDP], enacted in 2021, which aligns the national legal framework with international standards such as the General Data Protection Regulation [RGPD], regulates the protection of personal data in Ecuador and is regulated by the Superintendency of Protection of Personal Data. Despite this progress, irregularities persist, such as the unauthorized disclosure of sensitive data, cyberattacks, lack of security policies, obsolete infrastructure, and widespread ignorance. These problems generate personal, economic and social harm, exacerbated by limitations in the resources of the control authorities and insufficient sanctions. This article analyzes the country's data protection law and its implications with the consumer protection law as well as the habeas data action, studying the limitations and opportunities it presents as an instrument to guarantee adequate conditions for the benefit of consumers. The design of this research is of a documentary-descriptive type with an orientation to the analysis of various sources whose purpose is to recognize the weaknesses in the implementation of personal data protection in Ecuador; in addition, to highlight the lack of regulation in the international transfer of data as a problem. Also noteworthy is the development of educational initiatives such as campaigns to socialize the use and applicability of data as well as sanctions. The lack of a culture of privacy of personal data predominates as well as restrictions in infrastructure that limit the objective compliance of the law, while the coincidence with other regulations highlights the requirement to protect information in agreements with businesses. Strengthening the legal framework and promoting education in the field of digitalization are efforts to guarantee the protection of data of ecuadorians.