La protección de la información confidencial de los OCE por parte del agente afianzado de aduana en la legislación ecuatoriana.

Abstract

One of the activities of a person working in the public or private sphere is to safeguard information, especially that which is classified as confidential. It is an intrinsic part of the values that a professional or person who works for an organization, whether private or public, must have. However, there are cases in which confidential information is filtered to third parties for different reasons. The problem with the reagent is that an Ecuadorian customs agent delivers classified information as confidential to two international trade operators. The general objective of the work will be to identify the fault committed and the procedure for the delivery of information classified as confidential in the National Customs Service of Ecuador. That is why the resolution of the reagent was done through exploratory research focused on scientific articles as well as legal articles such as the Organic Comprehensive Criminal Code (COIP), Organic Code of Production, Trade and Investment (COPCI), and Regulation to the Title of Customs facilitation for Trade Book V of the Organic Code of Production, Trade and Investment, we can conclude that the Ecuadorian legal framework does not clearly mention the infringement or the procedure that must be met at the time a Customs Agent Bonded deliver classified information as confidential to other Foreign Trade Operators (OCE), therefore we are facing a legal vacuum that leaves defenders, other OCEs, defenseless against the Customs Agents. For this reason and to give an informed response to the reagent, we rely on experiences from other countries where they mention the procedure applicable in these cases.