La protección de datos personales en el marco del Código Orgánico General de Procesos, retos y perspectivas en los procesos judiciales

Abstract

Abstract: This research analyzes the challenges and prospects regarding the protection of personal data within the Ecuadorian judicial system, particularly within the regulatory framework of the General Organic Code of Procedures (COGEP). Although this law includes principles such as publicity, speed, and due process, it does not expressly establish mechanisms to guarantee the privacy and confidentiality of personal data processed in judicial proceedings. This regulatory omission has generated tensions with other fundamental rights of the parties, particularly in a context of increasing digitalization of judicial processes. Through a review of doctrine, regulations, and jurisprudence, as well as the analysis of international best practices, proposals for improvement are put forward to strengthen the protection of privacy, including the incorporation of mandatory technical protocols, training programs for judicial officials, and the creation of a specialized personal data protection entity. This research seeks to contribute to the construction of a digital justice system that protects rights and is committed to human dignity.