Privacy Law Survey 2021
Ecuador

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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 requirements for transfers of employee information to third parties (i.e., contractual restrictions or otherwise)?

Yes. in such case employer must have the consent of employee to transfer data. this under general data protection laws. information to foreign employers must be kept under Ecuadorian regulations.

Are there rules about automated decision making involving workers (e.g., hiring decisions)?

General laws. Decision based on automated processes are prohibited.

Are there rules about processing sensitive information or information about worker households or families (e.g., biometric data, health/medical information, sexual orientation, religious affiliation, union membership, etc.)?

Yes, specially medical and gender information

Are there specific security requirements for storing and processing worker information?

General laws. (Data protection new law).

Are there rules about using worker information for marketing?

Yes. This can only be used with workers consent.

Are there rules about surveillance of workers?

Not public laws but internal regulations.

Are there other specific privacy rules or issues involving worker information (e.g., BYOD policies, monitoring technology use, automated tracking of workers)?

no. Just private rulings authorized by labor ministry.

Government and Recourse

Is there a legislative body or government entity that regulates employment-related privacy matters?

Not in a specific labor mater relation, but we have an organism called “Authority for the Protection of Personal Data, (Autoridad de Protección de Datos Personales) that could include labor relations.

In the event of a violation, is the recourse regulatory, a private right of action, or other?

Both.

Expected Changes to Worker Privacy Laws:

No.

B2B Data

Is business-to-business (B2B) data treated differently than consumer or employee data? (Y/N – If yes, please explain).

No.

Additional Notes:

The law that regulates privacy matters has been issued in May 2021, there are no references about is applicability yet. The regulations for the law must be issued soon.

Robalino

Ecuador


Luis Carlos Fernández

Partner and Head of Litigation

Offices

Avenida 12 de Octubre No 26-48 y Lincoln, edificio Mirage, Piso 16.

Tel: +(593 2) 381 0950

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Tel: +(593 4) 381 0950

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Tel: +(593 7 ) 2593080