The recent leak of Shakira's medical data in Peru serves to analyze how the unauthorized disclosure of sensitive information can have serious consequences, and the importance of having adequate and timely legislation.

The Organic Law on the Protection of Personal Data (LOPDP) in Ecuador establishes a legal framework for the protection of citizens' personal information. This law, based on international standards, recognizes the right to data protection as a fundamental right and establishes clear principles and obligations for those who handle personal information.

The LOPDP classifies health data as sensitive and of a special category. If it is handled improperly, it could lead to risks to a person's fundamental rights and freedoms. The disclosure of sensitive data of a special category without authorization constitutes a serious infraction, which could lead to a sanction equivalent to 0.7% and 1% of the annual business volume of the responsible entity, which would be the sanction that those responsible would have received if the case had been in Ecuador.

This case is a clear example of the importance of implementing effective data protection measures to guarantee compliance with the law and prevent consequences for both the people affected and those responsible for and in charge of data.

Information confidentiality is a fundamental right that must be respected, especially when it comes to health rights. This, regardless of whether it is a public figure or an ordinary citizen.

The possible sanctions of the hospital, especially considering that it is sensitive data of a public person (which makes the case more media-friendly) could lead to an eventual lawsuit.

Author: Cristina Ávila