Strengthening personal data protection in ecuadorian judicial proceedings

Abstract

Introduction: The protection of personal data in the Ecuadorian judicial system represents a challenge given the increasing digitalization of files and public access to procedural information. Therefore, the research was designed to determine the strategic components that allow for an effective strengthening of the processing of personal data in the Ecuadorian judicial system. Materials and methods: The methodology responds to a qualitative, descriptive, explanatory, and propositional research approach, where legal methods such as hermeneutics, exegetics, and comparative law were used. Results: It was established that there is a legal vacuum in the norm, which shows a lack of clear guidelines for judges and legal practitioners. Therefore, a proposal for regulatory reform was developed that incorporates clear principles such as data minimization, anonymization, and assessment of the impact on fundamental rights. Discussion: The proposal was validated through comparative law with international standards such as the GDPR of the European Union and the Data Protection Act of the United Kingdom. Conclusions: It is concluded that the reform would contribute to modernizing the Ecuadorian judicial system, balancing transparency and privacy in the administration of justice.