Newsletters
2024-03-02
The National Court regulates the treatment of Personal Data in judicial processes.
The Resolution: On February 27, 2024, the Plenary Session of the Judiciary Council unanimously approved Resolution 043-2024 by which the “Regulations for the Processing of Personal Data within Judicial Processes” were issued.
What does it regulate?: Regulates the processing of personal data contained in judicial processes processed in the jurisdictional bodies of the Judicial Function, through the Ecuadorian Automatic Judicial Procedure System (SATJE). At the time the Resolution is issued, these data are public in the web query module implemented by the Judiciary Council.
Process of modification, rectification or concealment of personal data:
Responsibility of secretaries: Secretaries are responsible for the modification, rectification or concealment of the personal data of the procedural parties, with the due provision and authorization of the judges who are in charge of processing the judicial processes.
Legitimized: Citizens who appear as procedural parties in a case, in their capacity as data owners or duly authorized third parties/legal representatives, will be entitled to request the modification, rectification or concealment of personal data within judicial processes.
Request: A substantiated written request must be made to the judge or court, and must be presented through the Electronic Judicial Management Office or the physical windows of the respective judicial offices.
Execution of the request: The judge must analyze the relevance of the request and if he considers it appropriate, he will order to the secretary that, through the litigant management module, the data of the requesting procedural subject be modified, rectified or hidden.
Verification and communication: Subsequently, the secretary must verify that the modifications made are reflected in the web consultation module of the Ecuadorian Automatic Judicial Procedure System (SATJE) and will communicate the corresponding information to the requesting procedural party.
Processing of Sensitive Data and minors:
Judges may consider the concealment of judicial rulings or actions containing sensitive data, through the technological mechanisms implemented for this purpose.
The data of girls, boys and adolescents within judicial processes are reserved, so judges must take the necessary measures to anonymize the data that would make them identifiable.
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