Protección de datos personales en los procesos electorales. Retos para el Consejo Nacional Electoral en el Ecuador.

Abstract

The protection of personal data in Ecuador has undergone a legal transformation, established since the Constitution of the Republic of Ecuador came into force in 2008. Article 66, paragraph 19, establishes the importance of protecting personal data. This protection implies knowing the purpose for which your data will be used, having the full freedom to decide whether or not to accept it. The processing and distribution of data or information always requires the data subject's authorization. If we analyze the provisions of the constitutional norm, we can see the importance of its proper protection in all areas, whether public or private. But what happens in the electoral processes regarding the protection of personal data because currently the National Council in Ecuador does not have a regulation that can be applied regarding the proper use of data, where there is express, free, specific and informed consent, only applying a general policy of privacy of personal data, which is a document that contemplates a general policy, but it is not constituted as a binding regulation that complies with the provisions of the Law on Protection of Personal Data in Ecuador, resulting in the information obtained in the electoral processes and its treatment violating the provisions of the Organic Law on Protection of Personal Data and the Constitution of the Republic, which shows the need for the integration of a technical regulation for the protection of electoral data, establishing the protocols by electoral phase and that there is a joint supervisory work by the data protection authority contemplated in the LOPDP.