Scope of habeas data in the protection of personal data
In July 2025, the Constitutional Court of Ecuador issued Ruling No. 2172-21-EP/25, establishing fundamental criteria on the proper use of habeas data as an instrument for the protection of personal data. This decision represents a relevant precedent for the correct application of the Organic Law on Personal Data Protection (LOPDP) and the guarantee of rights in the digital environment.
Habeas data is a constitutional mechanism designed to allow citizens to access, rectify or delete their personal data when they consider that it is being improperly processed. However, in some cases, this remedy has been misused to demand measures beyond its scope, such as the resolution of contractual disputes or the restitution of securities.
The Constitutional Court has made it clear in this judgement that:
Habeas data is limited to rights over personal data. Its purpose is to allow access, correction or deletion of such data, where appropriate.
It cannot become a parallel channel for resolving patrimonial or contractual disputes. The inappropriate use of this mechanism may distort its constitutional purpose.
Reparations linked to habeas data must be directly related to the violation of personal data rights. Financial restitution for contractual damages does not fall within this procedure.
This pronouncement contributes to strengthening legal certainty, avoiding procedural abuses and guiding judges on the true scope of constitutional actions in the field of data protection.
ECIJA GPA's Data Protection Department has carried out a legal analysis of this ruling and its practical implications, with the aim of guiding companies, lawyers and users in the correct understanding of the mechanisms of protection under the LOPDP.
