Ethics and Legality in Artificial Intelligence-Based Applications: A Review and Commentary on European Data Protection Regulations

Abstract

This research analyzes the tension between the development of Artificial Intelligence and the protection of personal data, comparing the European Union’s regulatory framework with Ecuador’s legal system. The results highlight the consolidation of “informational self-determination,” which grants users absolute control over their data, including rights of access, rectification, and erasure. However, a critical technical conflict is identified due to the opacity of machine learning algorithms, which function as “black boxes” that are difficult to interpret and carry discriminatory biases inherited from historical data. Given this, data governance in sensitive sectors such as healthcare and education requires oversight by specialized delegates and bioethics committees. Finally, it is concluded that Ecuadorian legislation exhibits institutional shortcomings and legal fragmentation, making it insufficient to standardize its technologies in the international markets of Europe and the United States.