Jurisprudential Precedent on Data Protection for Users and Consumers of Telecommunications Companies: Ruling 1068-19-JP/25

Abstract

Justification: the lack of effective safeguards for the processing of personal data in telecommunications services in Ecuador led to a systematic violation of users' and consumers' rights, particularly by companies such as OTECEL S.A. (Movistar), which engaged in practices related to improper billing and unauthorized use of personal data. Objective: to critically analyze Ruling No. 1068-19-JP/25 of the Constitutional Court of Ecuador from the perspective of the right to personal data protection, evaluating its impact on the development of binding standards for improper public services. Methodology: a qualitative approach was employed, using hermeneutic and dogmatic-normative analysis based on the interpretation of constitutional provisions, constitutional jurisprudence, and the Organic Law on Personal Data Protection. Results: the Constitutional Court established binding parameters on the right to access quality services, free choice, and effective redress, demonstrating the responsibility of OTECEL S.A. in violating consent and identity verification, and setting precedents prior to the enactment of the LOPDP. Conclusion: The ruling represents a milestone in the constitutional protection of personal data, requiring enhanced responsibility from public service providers and establishing key precedents for the development of digital law in Ecuador, while redefining digital consumer rights by demanding reinforced obligations from providers of improper public services.