Consentimiento del trabajador en el tratamiento de Datos Biométricos mediante la Huella Digital.

Abstract

In Ecuador, personal data protection has been an important issue, which was addressed in May 2021 with the enactment of the Organic Law on Personal Data Protection. This led employers in Ecuador to use attendance control mechanisms involving biometric data, in this case fingerprints. This study seeks to analyze workers' consent when using fingerprints as a method of attendance, as well as whether workers' consent could be considered a violation when it comes to providing their biometric data, such as fingerprints, or whether it responds to an implicit imposition by the employer and whether it is free, specific, and informed by using a legal and regulatory approach, applicable at both the national and international levels. The study concludes with regulatory gaps and business practices that compromise workers, suggesting the need for more precise regulation that protects workers' rights.