El hábeas data como recurso de protección de datos personales: análisis jurisprudencial de la sentencia constitucional No. 2064-14-EP/21

Abstract

In Ecuador, the right to personal data protection holds constitutional status and is specifically regulated by a law that defines how such information must be handled. This research project analyzes Habeas Data as a legal mechanism for the protection of personal data in cases involving the non-consensual dissemination of intimate photographs in Ecuador, using Constitutional Ruling No. 2064-14-EP/21 as its central focus. Accordingly, the general objective was to examine the legal and jurisprudential impact of the aforementioned ruling, identifying its contribution to the defense and protection of constitutional rights such as privacy, intimacy, and image. To achieve this purpose, a qualitative approach was employed, using the analysis-synthesis method and data collection techniques. The findings of the research theoretically emphasize that Habeas Data is a significant legal safeguard for the protection of sensitive personal data, particularly when such data transitions from the private sphere to the digital realm. However, it was also determined that there are still obstacles in its practical application—especially in cases where the unauthorized disclosure of intimate content has become a challenge for the enforcement of rights in the digital age. Therefore, the study concludes that it is essential to enact a specific law, adopt a more rights-based judicial interpretation, and issue rulings with a gender perspective. This thesis contributes to highlighting the urgency of improving personal data protection mechanisms in the digital environment.