“LA COMERCIALIZACIÓN Y FILTRACIÓN DE DATOS PERSONALES VULNERA LOS DERECHOS CONSTITUCIONALES DE CONFIDENCIALIDAD E INTIMIDAD DE LOS CIUDADANOS ECUATORIANOS.”

The law of Electronic Commerce, Signatures and Data Messages establishes in its article 9 - Data Protection. For the elaboration, transfer or use of databases, obtained directly or indirectly from the use or transmission of data messages, the express consent of the owner of the data will be required, who will be able to select the information to be shared with third parties. The protection of personal data seeks to guarantee the privacy of individuals, the protection of their privacy; which basically implies the real possibility of controlling the use and purpose for which the information regarding the personal data of each individual is destined, and the power to oppose its use, in such a way as to prevent that this information serves purposes not accepted by its owner. With the advances of technology, the collection of information and storage of personal data has become simpler, all these databases contained in public or private entities which have the responsibility to ensure the security of such databases, but it happens that Ecuador does not have optimal security for databases that are of international standards and much less with a legislation in line with the subject, This expands the range of options for cyber-criminals who seek to profit from or gain access to personal information, since they use technological means to commit cyber-crimes and others that have already become a physical reality, such as extortion, kidnapping, and fraud, and it is at this point that information security becomes more important. All this leads us to a violation of the rights of identity and privacy, although the constitution provides for the protection of personal information but currently this does not provide total security to personal information, all this information can be 5 found in different forms, now many data related to individuals are stored, processed or transmitted in digital format which requires better treatment and greater protection of this information, since a leak or marketing of these databases, carries a great risk for the owners of the information. Due to these circumstances, the commercialization and filtration of personal data violates the constitutional rights of Ecuadorian citizens, such as privacy and confidentiality. All of this entails a damage to the owner of the information that was filtered or commercialized, resulting in the need to be able to control and regulate the collection, use, and treatment of personal data, even though the Comprehensive Criminal Code in its Article 178. It states the sanction for the person who accesses, intercepts, examines, retains, records, reproduces, disseminates or publishes personal data, it does not state a sanction for the commercialization and filtration of personal information.

• Tác giả chính: Abrigo Suárez, Bryan Fernando (author)
• Định dạng: bachelorThesis
• Ngôn ngữ: spa
• Được phát hành: 2021
• Những chủ đề: DERECHO; LEY DE COMERCIO ELECTRÓNICO
• Truy cập trực tuyến: https://dspace.unl.edu.ec/jspui/handle/123456789/23864