Abstract

GRANJA-ARREAGA, Angélica Karina; CHACON-GOMEZ, Nayibe Eloina  and  ALFONSO-GONZALEZ, Iruma. Processing of personal data and the principle of confidentiality in divorce by mutual consent. Noesis [online]. 2025, vol.7, n.esp2, pp.75-86.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.479.

The study stems from the need to analyze divorce by mutual consent in Ecuador and the role of notaries in the processing of personal data. The objective was to evaluate the violation of the principle of confidentiality due to the improper handling of data in notarial divorce proceedings. A qualitative, dogmatic-legal approach was used, based on a documentary analysis of doctrine, legislation, and case law. The results showed that notarial intervention was decisive in ensuring data protection, while identifying risks associated with the improper dissemination of sensitive information and costs that limit citizen access. It was concluded that the correct application of the principle of confidentiality in the notarial sphere was essential to safeguard the privacy and intimacy of the parties appearing before the notary and that new technologies posed additional challenges to ensuring data protection in notarial proceedings.

Keywords : Right to privacy; data protection; family breakdown; notarial law..

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