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ARTICLE · 23 DECEMBER 2021

Privacy Law Survey 2021 - Ecuador

As concerns about worker data privacy have grown across Latin America, so has the definition of "worker"; past, current, and potential employees and contractors may now be covered by a country's labor, employment and data-security regulations.

EcuadorPrivacy

Consent

May consent be used as a legal basis for processing worker information? (Y/N – if N, please explain)

Yes. Consent can be used as a legal basis for processing information, but employer must require specific information (not general), purposes of the requirement and time which information will be in possession of employer.

Are there any specific worker data collections or processing operations that require prior consent? (Y/N – if Y, when is consent required)

YES. All personal information.

Are there exceptions that will allow employers to collect and treat workers data without consent? (Y/N – if Y, list the exceptions)

YES. If data processing is required due to legal obligation of the controller.

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