Análisis de la compatibilidad constitucional de la Ley Orgánica de Inteligencia del Estado Ecuatoriano (2025) con el derecho fundamental a la intimidad

Abstract

This research analyzes the constitutional compatibility of the Organic Law on Intelligence of the Ecuadorian State (2025) with the fundamental right to privacy, using a qualitative methodology of normative-constitutional analysis. The study examines the configuration of the right to privacy in the 2008 Ecuadorian Constitution and its development in case law, evaluates international standards of protection against intelligence activities, and applies the proportionality test to the law’s most controversial provisions. The results demonstrate significant structural tensions between the powers of communications interception and constitutional guarantees of privacy. The application of the proportionality test reveals that the regulations do not exceed the sub-principles of necessity, suitability, and strict proportionality, while establishing mechanisms for direct access to institutional databases that prioritize operational efficiency over constitutional safeguards. Comparative analysis highlights institutional deficiencies relative to standards developed by other Latin American and European legal systems. The research proposes specific criteria for constitutional compatibility, including prior judicial authorization, strict time limits, independent oversight, and effective mechanisms for comprehensive redress to strengthen the balance between the protection of fundamental rights and national security.