Privacy Law Survey 2021 - Ecuador

• Published date: 23 December 2021
• Subject Matter: Employment and HR, Privacy, Discrimination, Disability & Sexual Harassment, Employee Rights/ Labour Relations, Data Protection, Privacy Protection
• Law Firm: Ally Law
• Author: Javier Robalino Orellana (Robalino) and Luis Carlos Fern'ndez (Robalino)

Consent

May consent be used as a legal basis for processing worker information? (Y/N - if N, please explain)

Yes. Consent can be used as a legal basis for processing information, but employer must require specific information (not general), purposes of the requirement and time which information will be in possession of employer.

Are there any specific worker data collections or processing operations that require prior consent? (Y/N - if Y, when is consent required)

YES. All personal information.

Are there exceptions that will allow employers to collect and treat workers data without consent? (Y/N - if Y, list the exceptions)

YES. If data processing is required due to legal obligation of the controller.
If data processing is required due to judicial order.
If data processing is required to accomplish public interest or public capacities granted to the controller.
For the execution of pre-contractual measures by request of the data owner or for the fulfilment of contractual obligations pursued by the processing controller.
In order to protect vital interests (considered among them: life, health or integrity) from the data owner or other person. .
If personal data is accessible through a public source.
For legitimate interests from the data controller or a third party (only if rights or interests from data owner are not opposed).Data in public records; information required in a judicial or legal procedure.

Privacy Notice

Is the company required to provide a privacy notice to workers? (Y/N)

YES

Does the worker privacy notice need to address security measures?

YES

Are there any other unique disclosure requirements with respect to the privacy notice (e.g. list data retention periods, state legitimate bases, etc.)?

YES. Mentioned Before.

Data Subject Rights

Are there data subject rights for workers? (Y/N - if Y, please list)

Non especific. General laws.

What is the timeframe to respond to data subject requests from workers?

Data protection laws are new in Ecuadorian legislation. No ruling has been issued yet.

Are there exceptions to responding to data subject requests from workers?

Data protection laws are new in Ecuadorian legislation. No ruling has been issued yet.

Special Rules for Worker Information

Are there employment rules about privacy-related discrimination (e.g., unlawful to terminate employment due to worker submitting an access request)?

There are no specific rules regarding data but discrimination laws are enforceable.

Are there any unique...