Vacío normativo de la Ley Orgánica de Protección de Datos Personales frente al tratamiento de datos mediante sistemas de inteligencia artificial.

Abstract

This thesis analyzes whether the Organic Law on the Protection of Personal Data constitutes an adequate framework for processing personal data through artificial intelligence (AI), from the perspective of the constitutional right to data protection, -considering the principles of legality, -proportionality, -security, -transparency, -purpose, -minimization, -and proactive responsibility. -However, it is evident that although the Ecuadorian legal system has general regulations applicable to AI systems, it does not specifically regulate aspects such as training data, explainability, algorithmic auditing, profiling, automated decision-making, human supervision, and the responsibility of AI developers and providers. The research employed a qualitative approach, a type of documentary research, and a descriptive scope. Although Ecuadorian legislation includes general principles applicable to the processing of personal data and has specific administrative regulations in place since 2026, legal shortcomings persist regarding risk classification and the processing of data used to train AI systems. It is proposed to reform the LOPDP (Organic Law on the Protection of Personal Data) by incorporating an unnumbered article that establishes safeguards for the processing of personal data by AI systems in automated decision-making.