Legal guarantees of information privacy in higher education institutions in contemporary Ecuador

Abstract

This research examined the implementation of Ecuador's Organic Law on Personal Data Protection in higher education institutions, critically comparing it with the European Union's General Data Protection Regulation. The main goal was to identify the inherent obstacles and challenges in managing information privacy within the university system. We used a mixed-methods approach, primarily qualitative with some quantitative elements. Our methodology involved a thorough documentary review, a rigorous regulatory analysis, and data triangulation to ensure the validity of our findings. We found significant disparities in how universities adopt and integrate internal data protection policies. Only a limited number of institutions fully applied fundamental principles like data minimization, informed consent, and information security. Universities face structural difficulties, including a lack of qualified staff, no regular audits, and technological limitations, which hinder consistent compliance with current regulations. The research concludes that compliance with this Law, in Ecuadorian universities is still in its early stages. There's a critical need to strengthen institutional capacities through strategic allocation of human, technical, and financial resources. We recommend adopting international risk management methodologies, promoting ongoing staff training, and establishing accessible, transparent procedures for data subjects to effectively exercise their rights.