Personal data protection in the administration of justice: analysis of the Ecuadorian legal framework in light of international standards

Abstract

The digital transformation of the judicial system has led to significant progress in efficiency and access to justice by incorporating technologies such as automated systems, digital signatures, and online hearings. However, this also presents challenges in safeguarding personal data and fundamental rights, particularly in countries with limited infrastructure and regulations. In Ecuador, the implementation of the E-satje system, along with the approval of the LOPDP in 2021, represents a significant step toward modernizing the judicial system. However, these tools have limitations that may jeopardize users' privacy due to regulatory gaps and practical issues. The main challenges include the lack of a solid regulatory framework for the use of digital technologies in the judicial sector and the technological gap, which disproportionately affects rural communities and underprivileged groups, restricting their equitable access to digital judicial services. In contrast to countries like Spain, which have robust laws and advanced technological resources, Ecuador faces a more complex path. The absence of an autonomous regulatory entity, similar to the Spanish Data Protection Agency, complicates oversight and compliance with regulations. Moreover, resistance to change and the lack of adequate training among judicial system operators further exacerbate these challenges. This study aims to assess Ecuador’s regulatory framework in comparison with international standards, proposing strategies to ensure privacy protection and fundamental rights in the context of digital justice.