La procedibilidad de la acción de hábeas data en relación con la protección de datos personales, según la jurisprudencia de la corte constitucional del Ecuador

Abstract

Abstract: The procedural admissibility criteria of the habeas data action and its relationship with the principles that govern data protection are central to the analysis presented in this paper. Jurisprudential reasoning has generated binding criteria that have been studied and interpreted by the Constitutional Court of Ecuador, which identifies habeas data as a type of constitutional guarantee that has evolved significantly, reaching the point where it is now imperative to demonstrate a violation of the right in question. The accuracy in the procedural application of this mechanism must be justified based on the application of the legal norm in relation to the affected legal interest. This essay highlights landmark rulings, such as Judgment No. 55-14-JD/20, which have established essential measures to consolidate habeas data as a protective instrument, whether in the context of public or private institutions. In summary, habeas data must be understood as a mechanism aimed at safeguarding the autonomy of privacy as a fundamental human right.