“Evaluación jurídica de riesgos y vulnerabilidades en la protección de datos en instituciones financieras del Ecuador bajo la Ley Orgánica de Protección Datos Personales”

Abstract

Digitalization in the Ecuadorian financial sector has increased risks to personal data protection, as evidenced by cyber-attacks and deficiencies in the enforcement of the Organic Law for the Protection of Personal Data (LOPDP, by its Spanish acronym). Persistent gaps in cybersecurity, infrastructure, and staff training comprise safeguarding sensitive information within the financial sector. This research aims to evaluate the risks and vulnerabilities in data protection in financial institutions since the LOPDP came into force, to assess its implementation level, and to propose measures to ensure the comprehensive protection of citizens’ constitutional rights over their data. The study employed a qualitative approach through the review of regulations, jurisprudence, and legal doctrine, as well as a comparative law analysis. The findings reveal gaps in the implementation of security measures, which are reflected in the exposure of sensitive data and limitations in regulatory compliance. Therefore, there is an urgent need to optimize existing control procedures and the respective technological updates to ensure adequate protection. In conclusion, it is recommended that strategies such as mandatory audits, technological modernization, and digital education be implemented to strengthen data integrity and confidentiality in the Ecuadorian financial sector.