El derecho al olvido en internet: ¿es procedente la acción de hábeas data como mecanismo de garantía y protección de los datos personales en redes y plataformas digitales?

Abstract

The present titling work, through a doctrinal, jurisprudential and legislative analysis, has as its primary objective to determine what the right to digital oblivion consists of, its scope and importance as a right derived from human dignity. Initially, the study of habeas data will be carried out, its generalities, object and scope of protection, as well as the procedure regulated in Ecuadorian legislation for its filing; by virtue of the fact that habeas data constitutes the ideal mechanism to guarantee the right to digital oblivion, which is the one that enables the elimination of personal data that rests on digital networks and platforms. Computer platforms store a large amount of personal information, easily accessible, which can be known and used maliciously by third parties to cause serious damage to the owner. Given this situation, the right to be forgotten is born with the aim of establishing limits to computer power and avoiding the violation of the constitutional rights of individuals.