ECUADOR

On May 13, the plenary of the National Assembly approved, with 118 votes in favor, the draft Organic Law on Personal Data introduced by the Executive branch. The initiative intends to protect the rights of citizens regarding the processing of their personal, economic and social data. In this line, the regulation includes obligations to guarantee a fair and responsible data processing. In addition, it promotes the effective control of citizens over the use of their data by public and private entities. Now, the approved regulation will be sent to the Executive for its analysis and subsequent enactment.

 For his part, Assembly member Dennis Marín (Partido Social Cristiano), stated that the initiative guarantees the exercise of the right to the protection of personal data, which includes access to and decision on information of this nature, as well as its corresponding protection. Therefore, the initiative regulates and develops principles, rights, obligations and protection mechanisms in order to avoid abuses and leaks. 

 The approved text states that in no case may credit data relating to obligations of an economic, financial, banking or commercial nature be communicated after they have been paid or otherwise legally extinguished, nor after five years have elapsed since the obligation to which they refer has become due. Along these lines, credit data and the rights of the holder thereof shall be subject to the provisions of this law.