La protección de los datos personales en el Ecuador frente al uso indebido por parte de empresas privadas de telecomunicaciones y plataformas digitales.

Abstract

This research analyzes the Ecuadorian legal framework for the protection of personal data against its misuse by private telecommunications companies and digital platforms. Using a qualitative methodology based on the analysis of legislation, legal doctrine, and case law, and a comparison with international experiences (the European Union's General Data Protection Regulation and Brazil's General Data Protection Law), the study examines Ecuador's constitutional and legal framework —including the Organic Law on Personal Data Protection (2021)— and its practical application, as evidenced by cases such as Novaestrat (2019) and Worldcoin (2024). The results show that, although Ecuador has a formally solid regulatory framework, its enforcement remains weak due to the lack of autonomy of the control authority and the insufficiency of the sanctioning regime. The research concludes with five prioritized recommendations —institutional strengthening, proportional sanctions, mandatory audits, integration with cybersecurity, and digital citizen education— aimed at strengthening the effective protection of personal data in the country.