Ab. Denisse Unda Saldivia
Head of Compliance, E-Commerce and Data Protection Department
Dear friends and clients,
In this bulletin, we would like to inform you about the recent amendments introduced through Presidential Decree No. 398, issued on 19 September 2024 and published in the Official Registry No. 651 on 25 September 2024. This decree modifies the Regulation of the National Public Data Registration System, particularly in Articles 14 and 16, with significant implications for access and interoperability between public and private databases.
Below, we outline the key points of these amendments:
Interoperability of public databases (Amended Article 14).
Prior to the reform, the National Directorate for the Registration of Public Data (DINARDAP) was responsible for ensuring that public databases were interoperable, that is, that they could securely interconnect to provide services to citizens and public institutions.
Now, the reform maintains DINARDAP's responsibility to ensure the interoperability of public databases, but introduces an important update: private entities can now access this service if they meet three requirements:
Comply with the provisions of the Organic Law on the Protection of Personal Data (LOPDP).
Fulfill additional requirements established by DINARDAP.
Pay a fee for access to the information.
This amendment modernizes the public registry system by allowing greater participation by the private sector, while always ensuring adequate protection of personal data in accordance with the Personal Data Protection Law (LOPDP).
Note: DINARDAP is the Ecuadorian governmental institution that manages and regulates the National Public Registry System. It is responsible for ensuring that public databases are accessible and secure, in accordance with the Personal Data Protection Law. Its work facilitates access to information for both citizens and public and private institutions, while ensuring the protection of personal data.
Individual Citizen File (Amended Article 16)
Previously, DINARDAP maintained a record of each citizen's information, available through a secure portal or in physical format.
With the reform, stricter rules have been established to protect personal data. Now, access to this record will be subject to the LOPDP and the guidelines of the Data Protection Agency and DINARDAP, thus strengthening security and confidentiality, especially when sensitive information is involved.
Impact on the Private Sector
Companies wishing to access the interoperability of public data must now prepare to comply with data protection regulations, not only at the operational level, but also by adopting practices consistent with the requirements of the LOPDP and its regulations. This includes implementing appropriate technical and organizational measures to protect citizens' data.
Deadline for implementation
The Decree grants DINARDAP 120 days from the date of its issuance to adopt the necessary internal regulations and to develop a plan to improve the technological tools that will allow the implementation of the Decree.
Conclusion
These reforms aim to improve access to and interoperability of public information, allowing the participation of the private sector without compromising the security of personal data. It is crucial for both public and private institutions to adapt to the new requirements in order to access records and manage data responsibly.
If you have any questions or need clarification on how these reforms may affect your business, please do not hesitate to contact us.
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