Reforma a la ley de datos para integrar el uso y control de IA en la gestión y procesamiento de datos

Abstract

This research examines the urgent need to reform the Ecuadorian legal framework on personal data protection, aiming to effectively integrate the use and control of artificial intelligence (AI) in information management and processing. Currently, AI is an essential tool for optimizing processes across multiple sectors; however, its application presents complex challenges related to privacy, security, transparency, accountability, and legal responsibility. The lack of specific regulations that address these issues can result in violations of data subjects' rights and the disproportionate or improper use of automated technologies without adequate oversight mechanisms. The study presents a critical analysis of Ecuadorian regulatory developments in data protection, contrasting them with international standards and regulatory models implemented in other jurisdictions. Furthermore, it incorporates guiding principles that, while not yet codified, are fundamental to building a robust legal framework. Based on this analysis, a legislative reform is proposed to ensure a balance between technological innovation and the protection of fundamental rights through the creation of legal instruments that enable monitoring, auditing, and the ethical and accountable use of AI.