Organic Law on the Protection of Personal Data of Ecuador (LOPDP)
This is the personal data protection regulation. It came into force with a two-year adaptation period. It recognizes data protection as a fundamental right and establishes a robust framework inspired by international standards such as the EU's GDPR.
In force since 2021. It is one of the most advanced laws in the region regarding children's data protection.
Access, rectification, updating, deletion, opposition, portability, limitation and not being subject to automated decisions.
Dedicates an entire chapter.
Consent based on age.
Exercise of ARCO rights: Gradation based on age and maturity, respecting progressive capacity.
Protection against automated decisions: minors cannot be subject to profiling or decisions based solely on algorithms without human intervention and additional safeguards.
Transparency and clear language.
Digital education.
Personal Data Protection Authority and a National Data Protection Registry, with a sanctions regime.
It introduces an innovative model in the region by recognizing adolescents' progressive capacity to grant digital consent. This provision strengthens adolescent autonomy and aligns with international standards that recognize children as full subjects of rights.
It aligns Ecuador with global debates on digital ethics and AI and paves the way for more comprehensive legislation in Latin America.