At an event held this Friday, October 27, by the Association of Private Banks of Ecuador and the Ministry of Telecommunications and Information Society, the minister of this state portfolio, Vianna Maino, indicated that the sanctioning regime has not yet been implemented. The Organic Law on Data Protection (LOPDP), which seeks to regulate the flow of information from rights holders between private companies and public sector entities.

“Given that we are a developing country, we do not consider it appropriate to impose sanctions (…) until the law is understood and adopted,” Maino emphasized.

If the client does not approve the use of his personal data, he may be left without any service or benefit, and sanctions will follow in a few days.

The sanctioning regime foresees fines for mishandling data, not seeking consent for its use, leaking data to third parties without permission, refusing data owners’ requests to review and delete their data if they wish, and selling. illegal databases, among other offenses.

The information that the LOPDP seeks to protect ranges from financial data, such as transaction history and credit information, to addresses, phone numbers and medical records and genetic data, among other types of information.

Maino pointed out that the law continues to be socialized, and that the process of applying its provisions in companies and organizations continues.

Companies and government organizations were given two years to adapt to the specifications of the law, which was published in the Official Register in May 2021. The sanctions regime technically came into force last May after the expiration of the two-year adaptation period granted to entities.

One of these changes is the implementation in the organizational structure of the figure of the personal data protection delegate, who serves as a link between the data owner, the organization that processes the data (company, for example) and the Personal Data Supervisor. Given, the body whose formation is also prescribed by law.

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This Supervisory Board, which has the authority to apply sanctions for data misuse, has not yet been formed.

Guillermo Lasso, the President of the Republic, sent the Council for Citizen Participation and Social Control two shortlists for the post of head of this entity. The latest one, sent this week, includes Maino herself.

The first part of the event where the minister made statements, which took place at the Sheraton Hotel in Guayaquil, consisted of a keynote speech given by Maino regarding the details of the LOPDP and a panel of experts on the subject.

The minister stressed that the law does not seek to stop the growth of the data industry, but wants to “balance technology and privacy”.

He assured that the creation of private data in the digital sphere in the country has increased by 2,187 percent in the last eight years.

For example, when a person switches from one health insurance to another, the person handling the medical information of the switching patient should send only what is necessary to the other company.

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The minister also gave some recommendations to avoid criminal access to data, such as locking mobile phones, creating various passwords.

Marco Rodríguez, executive chairman of Asobanco, also said that the banking sector has worked with European experts to develop the country’s first code of conduct for the financial sector.

He adds that it is the first in Latin America and that they have been preparing it for six months. They hope to finish it during the next quarter and then share and discuss it.

He points out that this code “must go beyond local laws”.