Access or protect personal data (1)
- Superintendencia de Protección de Datos Personales (SPDP)Regional route · check eligibility
The government SPDP handles personal-data rights violations within Ecuadorian law. A foreign controller needs an Ecuadorian connection, such as offering services to people resident in Ecuador or monitoring their behaviour there. Nationality alone is not enough.
Use a solicitud to seek protection of your own affected rights. A denuncia reports a suspected violation and may be made by any natural or legal person; it does not replace an own-rights request or guarantee an investigation. SPDP is not a general moderation appeal and cannot promise account recovery.
What to do
- First send the controller a specific data-rights request through its official channel, such as access to your data. Article 13 makes access free and requires a response within 15 days. Keep the request, sending date, receipt and reply; this is not SPDP’s processing deadline.
- Prepare the Solicitudes form (Annex 2): identity, contact details, ID or passport copy, controller details, facts, evidence and a specific request within SPDP’s remit. A representative needs proof of authority. For non-response, include the original request and sending/receipt evidence. Passwords and login codes are not needed; send documents only to the official authority, not ClearRules.
- Reform 0038-R applies from publication on 24 September 2026 and requires digital filing. Older FAQ instructions on paper/email filing and rejecting scanned signatures do not reflect the reform. Normally use a valid electronic signature; without one, the exception permits a handwritten signature, uploaded scan and retention of the original.
- Open SPDP’s official portal and confirm the appropriate solicitud channel. The inspected menu showed Denuncias, but a separate solicitud entry was not verified. Do not replace your own-rights application with a general denuncia: ask SPDP for remote or in-person help with digital filing. Filing is complete only after system registration and an emailed receipt with date and time.
- Watch notifications: Article 19 of the base regulation allows five working days to clarify or complete an incomplete application; otherwise it is archived. This is not an overall processing deadline. No single completion period for all applications was verified; keep the receipt and follow the notice’s instructions.
- If no receipt arrives, ask SPDP for help and confirmation of registration rather than assuming filing succeeded. After rejection or closure, keep the decision and notification date, check its appeal instructions and seek local legal advice if needed. An identical repeat filing may be archived; account restoration and compensation are not guaranteed.
Reform 0038-R applies from publication on 24 September 2026 and requires digital filing. Older FAQ instructions on paper/email filing and rejecting scanned signatures do not reflect the reform. Normally use a valid electronic signature; without one, the exception permits a handwritten signature, uploaded scan and retention of the original.
Read the source