El derecho al olvido: análisis de su aplicabilidad en la supresión de datos personales en el sistema SATJE

Abstract

This thesis analyzes the right to be forgotten and its applicability in the deletion of data in the Ecuadorian Automatic Judicial Processing System (SATJE, by its acronym in Spanish), with a primary focus on Resolution 043-2024 of the Judicial Council, issuing the Regulations for the Processing of Personal Data in Judicial Proceedings. It develops concepts and the evolution of personal data, as well as its relationship with rights, such as privacy, reputation, honor, and personal data protection in Ecuador, in conjunction with legal mechanisms, such as modification, rectification, concealment, elimination, cancellation, objection, and restriction of processing. Through a qualitative approach, based on doctrine, regulations, and analysis through Resolution 043-2024, it was analyzed whether the established mechanisms are sufficient to guarantee the right to be forgotten. Although this Resolution marks a regulatory advance in personal data protection, there are gaps in its requirements and procedures, preventing it from fully guaranteeing the right to be forgotten. Consequently, it is concluded that it is important to strengthen each of these processes to protect legal certainty and the protection of personal data.