The central axes of data protection: consent and purpose

Criticisms and proposals towards a regulation of the protection of personal data in Ecuador

Abstract

The Ecuadorian legal system seeks to integrate the new regulatory phenomenon that the right to protection of personal data is experiencing. The National Assembly is currently discussing the Proyecto de Ley Orgánica de Protección de Datos. The main objective is to protect this fundamental right against the imminent technological advance in order to provide legal security. In the following article, an analysis will be made of the principles of consent and purpose limitation, with the intention of determining what protection standard is going to be implemented. This will be studied from the perspective of comparative legislation, examining the European and American regulatory model to end with a critique of the possible practical impact that could be generated if the law enters into force.