Personal data protection in the face of the development of artificial intelligence in Ecuador: analysis and legislative proposals

Abstract

Introduction: the development of Artificial Intelligence (AI) has transformed various sectors, altering the way personal data is processed and used. In the Ecuadorian legal context, this transformation poses significant challenges related to data protection, user rights, transparency in the algorithms used, ethics in automated information processing, and the applicable regulatory framework to ensure a balance between innovation and fundamental rights. Objectives: in Ecuador, the 2021 Organic Law on Personal Data Protection (LOPDP) establishes an initial legal framework, although it still faces significant challenges in addressing the specific implications posed by AI. This article examines the relationship between AI and personal data protection, identifying risks such as automated profiling, mass surveillance, and algorithmic bias. Methodology: we use the analytical method because it allows us to break down the problem into its fundamental components, making it easier to identify the key information needed to fully understand it. Results: to address these challenges, Ecuador needs to take a more targeted approach to regulating AI in relation to personal data, so we make key proposals to strengthen legislation in this area. Conclusions: international cases and advanced regulatory frameworks, such as the European Union's General Data Protection Regulation (GDPR), are also analyzed to propose legislative recommendations tailored to Ecuadorian reality. Finally, measures are suggested to strengthen national legislation, seeking an appropriate balance between technological innovation and the safeguarding of fundamental rights established in the Constitution of the Republic of Ecuador and relevant regulations. General area of study: Law. Specific area of study: Information technology law. Type of article: Original.