Habeas data, as a guarantee of protection of the right to privacy

Abstract

Habeas data has been externalized with the development of technology, especially due to the rapid growth of smartphones, data files, as well as data processing, applications, such as WhatsApp, Facebook, Telegram, among others, making it easy to access or share information in seconds, making information vulnerable, currently, with data registration, we have fed the database, which is managed physically or digitally; such as personal data, images, videos, and files.

The objective of this research is to analyze habeas data, its scope, practice and relevance by examining cases intrinsic to the current context. The methodology was developed through bibliographic and/or documentary research, based on the doctrine of academic books, journals, jurisprudence and the Law, verified, through the inductive-deductive and analytical methods, which allowed us to conclude that the action of habeas data admits the access and control of your personal information or your goods as well as its deletion or cancellation, rectification, updating of your data in accordance with Article 92 of the CRE., unanimously Article 49 of the LOGJYCC defines it as a constitutional guarantee of access to your individual data, investing or confering this right to demand the protection of your data within our legal system. They are also based on the rights recognized in the Constitution of the Republic of Ecuador, especially articles 18, 19 and 20 of the article 66.