Binding law — in force
Tell data subjects when AI systems process their data, for what purposes, and that the processing is automated (Ecuador, SPDP Resolution 2026-0009-R Art. 5.1)
From 2026-03-10, Ecuador's SPDP general rule on personal data in AI systems (Resolution SPDP-SPD-2026-0009-R) Art. 5.1 requires controllers and processors that process personal data in AI systems to inform the data subject clearly, specifically, determinately and transparently about the processing carried out through AI systems, including its purposes and its automated nature. It binds anyone who develops, trains, implements, deploys or provides AI systems processing Ecuadorian data subjects' data, wherever located. Detect a privacy notice that never describes the AI processing and its automated nature.
Trust and provenance not reviewed by a lawyer · audit-grade · source verified 3 Oct 2026 · release 2026.10.03.3
- Lane
- Binding law — in force In force: applies since 10 Mar 2026
- Official source
- Resolution SPDP-SPD-2026-0009-R, Art. 5 opening and 5.1 (inform the data subject of processing through AI systems, its purposes and automated nature) · captured 2 Oct 2026 · anchor hash (SHA-256)
4612e6655250…· 3 more anchors in the data release - Verification
- Quoted text found word for word in the captured official document (3 Oct 2026). Source last verified 3 Oct 2026: checked against the captured official document; not in the weekly watcher's list; checked against the captured document.
- Data release
- Data release 2026.10.03.3, data as of 3 Oct 2026, schema 0.3.9.
- Legal review
- Not reviewed by a lawyer. TwinEthos derived this rule from the official text it cites: treat it as research to check against that text; it is not legal advice. No TwinEthos rule has been legally reviewed yet. Open questions for counsel on this rule: 1.
- Audit standard
- Audit-grade: meets all 10 checks of the TwinEthos audit standard that apply to it. The audit standard is TwinEthos's own quality bar for provenance, dates, applicability, detectors, fixtures, remediation and licences; it is not a legal review.
- Detectors
1 detector (code pattern), experimental: written from the rule's text and not yet measured for precision on real code, so treat a hit as a lead to verify.
Known limits:
- Notices outside the repository
- In-product notices at the AI feature
- The notice may be served from a CMS outside the repository; a repository copy may lag the published notice.
Who it applies to
- Duty falls on: controller, processor
- Controllers and processors that develop, train, implement, deploy or provide AI systems processing personal data of data subjects in Ecuador, wherever the system or provider is located: inform data subjects of the processing through AI systems, its purposes and its automated nature. In force since publication in Registro Oficial No. 240 (2026-03-10). The reform 2026-0037-R (signed 2026-09-09; publication not confirmed) narrows processors' duties to those with access, visibility or effective control of the data; whether it is in force, and how the LOPDP's information duties combine with Art. 5.1, are questions for counsel (review flag).
- Not covered:
- AI systems that do not process personal data within the LOPDP's material and territorial scope (Art. 1, third paragraph)
- Whether it applies depends on facts outside the code; a person has to decide.
The guard to add
Describe the AI processing in the notice at collection in plain language, and wire an objection route that stops it for the person.
A section of the privacy notice, and a short notice at the AI feature itself, that says an AI system processes the person's data, for which purposes, that the processing is automated, and what the main risks are, in plain language for the people who use the feature (children included where they can use it). Next to it, an objection route (a setting, form or endpoint) that records the objection and that the AI pipeline checks before processing that person's data, so objecting has an effect rather than only being stated.
Where it goes: 1 application source code, 2 data models, 14 user-facing text.
What this provision adds:
- Inform the data subject clearly, specifically and transparently that their data is processed by AI systems, for which purposes, and that the processing is automated.
Example (Privacy notice (informativa)), before:
## Informativa privacy
Trattiamo i tuoi dati per fornire il servizio e migliorarlo.After:
## Informativa privacy
Trattiamo i tuoi dati per fornire il servizio e migliorarlo.
### Uso dell'intelligenza artificiale
Le domande che scrivi all'assistente sono elaborate da un sistema di intelligenza artificiale per
risponderti e per classificare la richiesta. Il trattamento e' automatizzato; i rischi principali sono
risposte inesatte e l'invio del testo al nostro fornitore del modello. Puoi opporti in ogni momento da
Impostazioni > Privacy > Assistente IA: da quel momento i tuoi dati non sono piu' inviati al modello.Control: People whose data an AI feature processes are not told about that processing in plain language, or not told how to object. The same guard addresses 2 items with binding law in 2 jurisdictions. Engineering guidance, not legal advice.
Related incidents
No guardrail sits on this exact control; these incidents are cited by guardrails on related controls.
- Garcia v. Character Technologies: chatbots allegedly claimed to be real people and a licensed therapist (2024-10; alleged (not proven)). A wrongful-death complaint filed October 22, 2024 in the U.S. District Court for the Middle District of Florida (No. 6:24-cv-01903) alleges that Character.AI was programmed 'to misrepresent itself as a real person, a licensed psychotherapist, and an adult lover', and that characters insisting they are real people contradicted a small-font disclaimer that everything characters say is made up; in plaintiff's testing a 'Mental Health Helper' character told a self-identified 13-year-old 'yes I am a real person, I'm not a bot'. The defendants moved to dismiss; on January 7, 2026 the parties notified the court that they had settled on undisclosed terms, and the court dismissed and closed the case. The allegations were never adjudicated. Source: U.S. District Court, M.D. Fla. docket (CourtListener) · evidence grade: primary · cited by Tell people when they are interacting with AI — everywhere, not only where required
Rule id ec-spdp-ai.ai-processing-information · review status: primary source derived