El uso del sistema Sajte de la función Judicial y la garantía del derecho a la protección de datos, intimidad, honor y al buen nombre

Abstract

In Ecuador, under the right of access to public information, the Automatic Ecuadorian Judicial Processing System (SATJE) was created, this system arose with the objective of complying with the right of access to public information of judicial cases, it is thus that the excessive exposure of personal data causes the violation of constitutional rights such as the right to data pro tection, privacy, honor and good name, so the investigation focuses on the need for our legal system to regulate the right to be forgotten, mainly when the information that is uploaded in the system is: inaccurate, imprecise, obsolete or relapse when a pro cess has been terminated due to dismissal, ratification of innocence, abandonment, or withdrawal. Since in the theoretical framework a set of norms of national and international legislation, analysis of jurisprudence of ordinary and constitutional justice, and doctrine texts that have focused on the analysis of the rights described above are addressed. In the same way, resorting to to comparative law, the legislative texts of countries such as Colombia, Peru and Argentina will be incl uded to determine the treatment that is given in these sister nations for the purpose of this study and in this way to be able to verify if they have made progress in the recognition of this set of aspirations of people in their respective legal systems. I n this context, a qualitative methodology was applied with emphasis on bibliographic research, where the jurisprudential decisions of the Constitutional Court of Ecuador were analyzed. In this way, it was concluded that the case consultation module can vio late human rights such as privacy, honor and data protection, as well as emerging rights, for example, the right to be forgotten. In addition, the present investigation is based on a quantitative approach, since through the survey that was applied to the l awyers in Free practice of the Province of Tungurahua of the Ambato Canton, through the collection of data, where it is concluded that the digital platform of the judicial function or SAJTE System, is open and easily accessible to any user where personal d ata is easily accessible, where it can be observed that it violates constitutional rights. Therefore, the elaboration of a document of critical, legal analysis regarding the application of the right to be forgotten is proposed.