Protección jurídica, habeas data y la Ley Orgánica de Protección de Datos Personales frente a la autodeterminación informática y la protección de datos personales

Abstract

In the Ecuadorian context, it became evident how easy it is to violate the privacy of personal data through the massive leaking of information from public and private entities, which led to the need to propose a specific law for its protection. Such a situation is not easy, and it is that few countries have managed to do it effectively, which is why it was proposed through this investigation to analyze legal protection, Habeas Data and the Organic Law on Protection of Personal Data against computer self-determination and the protection of personal data. The study was developed based on the fundamentals of Comparative Law and an analysis of information concerning laws and treaties that deal with the protection of fundamental personal data in the European Union and the United States was carried out. It is concluded in this regard that in Ecuador the development of personal data protection is just beginning, so its effectiveness is not given by the existence of a law, however it is the first step towards achieving the guarantee of the rights of privacy, intimacy, self-determination and protection of personal data, among other fundamental rights and with constitutional recognition.