AHP and Topsis methods for the evaluation of the right of publicity of processes against the recognition of the right to be forgotten in a constitutional Ecuador

Abstract

The nature of the Ecuadorian legal system contemplates fundamental rights and seeks to implement new rights that have emerged in recent years. However, these actions must respect the fundamental rights already established; an area of ​​particular tension is the conflict between the right to access information, specifically judicial processes, and the right to be forgotten. The research therefore sought to analyze how Ecuador, through laws such as the Organic Law on the Protection of Personal Data or the Organic Code of the Judicial Function, seeks to balance the scope and interests of these rights; to do so, the use of laws, norms and doctrines was required for its analysis, which, together with the synthetic-analytical, inductive and deductive method, served to better understand and delimit the topics under study and information in general. The present research aims to develop a method for the evaluation of the right to publicity of processes against the recognition of the right to be forgotten in a constitutional Ecuador. The implementation of the right to be forgotten, the definition of public information and the principle of publicity were examined, concluding that Ecuador faces the challenge of developing a solid legal framework that protects both transparency and accountability as well as the privacy and dignity of people in the digital age. Judges and legislators must carefully consider specific cases and seek solutions that balance these fundamental rights.