Autodeterminación informativa en la donación universal de órganos cadavérico, según la jurisprudencia constitucional ecuatoriana

Abstract

Abstract: This paper analyzes the right to informational self-determination in the context of cadaveric organ donation in Ecuador, from an Ecuadorian, constitutional, and jurisprudential perspective. It begins with the recognition of this right as an expression of human dignity, which implies the power to decide on the use of personal data, even after death. Using a qualitative-legal approach, it examines rulings issued by the Constitutional Court between 2014 and 2024, with an emphasis on Ruling No. 8-20-EI/24, which sets a key precedent by establishing that presumed consent for the processing of post-mortem data may violate fundamental rights. The study concludes that the Ecuadorian model of donation with presumed consent is not fully aligned with constitutional standards of informational self-determination and proposes a reform based on informed consent, respecting individual will, legality, and proportionality.