Ecuador's Personal Data Protection Law applies to data processing carried out by automated, partially automated, or non-automated means.

Text of Relevant Provisions

The Law Art. 3:

"This Organic Law shall apply to the processing of personal data contained in any type of medium, whether totally automated, partially automated or non-automated, and to all forms of subsequent use, by controllers or processors of personal data belonging to the public or private sectors at the national level"

Analysis of Provisions

The Automated Means Criterion in Ecuador's Personal Data Protection Law is broad and inclusive. Article 3 explicitly states that the law applies to personal data processing "whether totally automated, partially automated or non-automated". This comprehensive approach ensures that the law covers all forms of data processing, regardless of the level of automation involved.

The provision's wording "contained in any type of medium" further emphasizes the law's wide scope, encompassing data stored or processed in various formats and systems. This could include digital databases, paper records, or any other form of data storage.

The law also extends to "all forms of subsequent use", indicating that not only the initial processing but also any further utilization of the data falls under its purview. This ensures continuous protection of personal data throughout its lifecycle.

The inclusion of both "controllers" and "processors" in the public and private sectors underscores the law's applicability to all entities handling personal data, regardless of their role in the data processing chain or their sector affiliation.

Implications

The broad scope of Ecuador's Automated Means Criterion has significant implications for businesses and organizations:

1. Comprehensive coverage: Companies must ensure compliance regardless of their data processing methods, whether they use sophisticated automated systems or manual record-keeping.
2. Technological neutrality: The law's applicability to all types of media and levels of automation means it remains relevant as technology evolves, without requiring frequent updates to keep pace with technological advancements.
3. Inclusive responsibility: Both data controllers and processors, in public and private sectors, are subject to the law, creating a shared responsibility for data protection across the entire data processing ecosystem.
4. Lifecycle protection: The inclusion of "all forms of subsequent use" means organizations must maintain compliance not just during initial data collection and processing, but throughout the entire data lifecycle, including storage, analysis, and deletion.
5. Wide-ranging applicability: Even organizations that primarily use non-automated means for data processing are not exempt from the law's requirements, ensuring a level playing field and comprehensive data protection for individuals.