La Protección de Datos Públicos de los Trabajadores y el Derecho al Olvido

Abstract

The present research analyzes the lack of protection for the public data of workers and its impact on freedom of hiring. It focuses on the inclusion of labor-related judicial process data in the Automatic Judicial Procedures System (E-SATJE), which is freely accessible to anyone without restrictions. This practice violates constitutional rights such as dignity, honor, and a good name. The research concludes that the Ecuadorian legal system lacks specific regulations for protecting such public data on digital platforms. Consequently, the study explores the concept of the Right to be Forgotten, recognized in Spanish legislation as the appropriate legal mechanism for safeguarding and, if necessary, deleting obsolete public data on digital platforms over time. The research adopts a mixed approach, combining qualitative and quantitative methods, including a biographical study, analysis of national and international legislation and jurisprudence, and surveys to gather statistical data. The findings emphasize the need to incorporate the right to be forgotten into Ecuadorian legislation, as non-compliance is considered a hindrance to obtaining new employment