By Resolution 043-2024, the plenary of the Judiciary Council issued the Regulations for the Processing of Personal Data in Judicial Proceedings. The purpose of this regulation is to regulate the treatment and handling of personal data contained in judicial proceedings through SATJE (Sistema Automático de Trámite Judicial Ecuatoriano), which is the consultation module for proceedings of the Judiciary Council in Ecuador.
The purpose of issuing the regulation is to safeguard the rights to honor, good name, non-discrimination due to judicial past and personal data of the participants in judicial proceedings. This ensures the satisfactory fulfillment of citizens' constitutional rights. This regulation is based on the definition of personal data as stated in the Organic Law on Personal Data which states that they are all those data that make a natural person directly or indirectly identifiable.
According to the regulation, in order to request the modification, rectification or concealment of personal data, citizens who appear as parties to a case, as owners of the data, third parties or duly authorized legal representatives will be entitled to request the modification, rectification or concealment of personal data. The procedure for data processing is shown in the following chart:
It is worth mentioning that the regulation establishes the criteria with which the judge or court must analyze the request for modification, rectification or concealment of personal data. The grounds of the requesting subject must be analyzed in accordance with the criteria of the Organic Law on Personal Data, without disregarding the principle of publicity provided for in the Constitution.
Handling of sensitive information and data
This regulation adds to its content the subject of sensitive data, which, like personal data, may be concealed even ex officio. Sensitive data are those related to ethnicity, identity, gender, religion, ideology, political affiliation, judicial background, immigration status, health, biometric data or those whose improper treatment may give rise to discrimination or violate fundamental rights and freedoms.
The treatment of sensitive data will be handled diligently by the judges; therefore, if deemed necessary, they may hide orders or judicial proceedings containing sensitive data reflected in the SATJE, so that they are not visible in the web module. With regard to judicial proceedings involving minors, the judge shall anonymize the data that allow the identification of children and adolescents.
If you need legal assistance to hide, modify or rectify your personal data in a judicial process, do not hesitate to contact one of our professionals. You can write to us at ace@iurenovum.com or call us at 0990938575 or 0990552880. We will be happy to help you.
