Through Resolution No. 027-FGE-2024 issued on May 10, 2024, the Attorney General’s Office approved the Instructions for the Concealment of Personal Data recorded in the news of the crime or administrative acts published in the external consultation module of SIAF (Integrated System of Fiscal Updates). These instructions regulate the process of concealment of personal data recorded in crime reports or administrative acts published in the SIAF. In order to start the process, the express request of the owner of the personal data or whoever is acting as agent or legal representative is required.
The purpose of withholding personal data is to respect and protect the rights to honor, good name and non-discrimination of individuals once a criminal proceeding has been concluded. Under the conditions of law, judicial bodies must guarantee the right to data protection, verifying and processing requests that seek its concealment.
It is worth mentioning that the Integrated System of Prosecutors' Updates is a computerized tool that records, monitors and controls prosecutorial actions in the stages of criminal proceedings. It is from here that the data will be hidden.
The concealment of personal data only proceeds when there are jurisdictional decisions of resolution of:
- Archive
- Dismissal
- Conciliation completed
- Extinction of criminal prosecution
- Prescription
- Sentence served
- Ratification of innocence
Process of concealment of personal data recorded in SIAF
- A written request must be submitted to the Directorate of Legal Control and Fiscal Evaluation, stating the reason for the concealment, plus a copy of the jurisdictional resolution or fiscal disposition.
- The Directorate will review the application to ensure that it meets the requirements and conditions of eligibility. It will also verify the information in the National System of Pre-procedural and Criminal Procedure Information, and in the Ecuadorian Automatic System of Judicial Procedures - SATJE.
- Once the information has been verified, the Directorate of Information and Communication Technologies of the Public Prosecutor's Office will be instructed to withhold the applicant's personal data with sufficient motivation.
- Finally, the petitioner will be notified of this action.
It should be taken into account that the information requested to be concealed is not about the facts in dispute or about the stages of the criminal proceeding, but the data sought to be concealed are those with which a natural person is identified, i.e., names, surnames and citizenship card number. Once hidden, neutral adjectives, such as "subject" or "person," will be displayed in the files.
If you need advice on this subject, do not hesitate to contact one of our professionals. You can write to us at info@iurenovum.com o ktorres@iurenovum.com and also call us at 0990938575 or 0990552880. We will be glad to help you
