Personal Data Protection in the Use of Artificial Intelligence in Ecuador: A Bibliographic and Regulatory Review

Abstract

The increasing use of artificial intelligence systems has expanded the ways in which personal information is collected, processed, and used, creating new challenges for the protection of data subjects’ rights. This study aimed to analyze the main challenges to personal data protection arising from the use of artificial intelligence systems in Ecuador through a bibliographic and regulatory review of the national legal framework and specialized scientific literature. The research followed a qualitative approach and a documentary design with a descriptive-analytical scope. The collected information was examined through thematic and comparative analysis, contrasting the perspectives identified in the scientific literature with the provisions of the Ecuadorian legal framework. The results identified six main areas of analysis: legal bases and personal data processing; transparency and data subjects’ rights; automated decisions and processing; information security; risk management and impact assessments; and the responsibility of the actors involved. The analysis showed that Ecuador’s legal framework provides safeguards applicable to personal data processing through artificial intelligence and has incorporated specific regulations; however, challenges remain regarding their interpretation and application in light of the particular characteristics of these technologies. It is concluded that effective personal data protection requires a comprehensive approach that integrates legal safeguards, security measures, preventive risk management, transparency, and accountability mechanisms.