ARCO rights regarding the processing of personal data in the institutions of the popular and solidarity financial system in the province of Azuay

Abstract

Introduction: The Institutions of the Popular and Solidarity Financial System in Ecuador, province of Azuay, are in a continuous process of digital transformation to comply with the provisions of the Organic Law on Personal Data Protection - LOPDP. The regulatory framework and the guidelines of the controlling body contain specific guidelines for the use, treatment, storage and circulation of personal information, guaranteeing the security and protection of data; Likewise, the adoption of these provisions will be based on the development of an administrative protection system that will ensure the integrity, confidentiality and availability in the treatment of personal and organizational data. Objectives: The investigation is part of determining compliance with the provisions of the Organic Law on the Protection of Personal Data in the institutions of the Popular and Solidarity Financial System of the province of Azuay, in relation to the Methodological Guide for the exercise of the Rights to Access, Rectification, Cancellation and Opposition of Personal Data (ARCO) of the supervisory body. This guide establishes that the holders of personal data can exercise the ARCO rights, as specified in the Organic Law on the Protection of Personal Data and the Policy for the Treatment and Protection of Personal Data. Methodology: A mixed research approach is used, starting with a quantitative analysis to determine the status of organizations in terms of data protection, then a qualitative analysis with a descriptive modality, to establish the level of compliance with the regulatory framework and guidelines of the supervisory body. The deductive method is also used, with a research technique (survey) and study population (cooperatives surveyed within the province of Azuay), as well as inclusion criteria using the condition of active institution within the financial system in the province during the study period. Without specific exclusion criteria. Results: There was a lack of effective mechanisms to ensure informed consent of data subjects, with no precise guidelines to demonstrate how cooperatives transmit information to data subjects, nor better developed protocols to manage information security. In addition, there is no clear and accessible information on the rights of data subjects and mechanisms they can use to exercise these rights. Conclusions: The legal and ethical implications determined that the development of ARCO Rights in Ecuadorian legislation requires a thorough analysis that establishes an evident improvement regarding the expansion of the regulations on the protection of personal data and the right that data owners have to legally demand in the treatment of their information, without unnecessary formalities that complicate the procedure and a clear standardized guide for all future processes, so the LOPDP, which represents a comprehensive advance in the procedural standards for the intervention of data owners together with the person in charge of these, containing the meaning, requirements, use and procedure of the rights of Access, Rectification, Cancellation and Opposition, guaranteeing the right to privacy and the right to informational self-determination. Likewise, it is recommended to cover deficiencies that may have negative consequences in the future with respect to the treatment of personal data and the use of ARCO Rights. General area of study: Law. Specific area of study: Civil Law and Technology. Type of study: Mixed, ARCO Rights.