Result of the resolution: Set aside/dismissed
RESOLUTION OF ARCHIVE of the Previous Information no. 148/2016, referring to the School of Technical Engineers and Experts of Telecommunication of Catalonia
Antecedents
1.- In date 19/07/2016 it had entry to the Authority a writing for which the Official School of Technical Engineers of Telecommunication (from now on, COITT), with headquarters in Madrid, complaint formulated against the School of Technical Engineers and Experts of Telecommunication of Catalonia (from now on, COETTC), on the occasion of a presumed noncompliance of the organic Law 15/1999, of 13 December, of data protection of personal character (from now on, LOPD). The COITT exposed that the Supreme Court in sentence of 14/06/2016 had confirmed the Sentence of 30/05/2014 of the Court Superior of Justice of Catalonia, in what was declared the nullity of the Decree 141/2010 by which the COETTC was constituted, and that the finger "extinto Colegio (...) están realizando you manage it stops to endeavour "the transición of the colectivo" in an Asociación". In this context, the COITT added that the COETTC had been titular of files of particulars of its registered in the professional association, data that Association of Technical Engineering of Telecommunication of Catalonia could have handed over to ONES (from now on, AETTEC), without the consent of the affected persons. The COITT brought diverse documentation related to the denounced facts.
2.- The Authority opened a phase of previous information (IP 148/2016), in accordance with what foresees the article 7 of Decree 278/1993, of 9 November, about the procedure sanctionative of application in the areas of competence of the Generalitat, in relation to the TUES 2ª of the Law 32/2010, of the 1 October, of the Catalan Authority of Data Protection, in order to obtain more information about the circumstances from the facts and the responsible subjects.
In the sinus of this phase of information, through profession of date 21/07/2016 the particulars of its registered in the professional association were required to the entity denounced to the AETTEC so that it informed about whether it had given way included in its files, and in affirmative case, that it manifested which it would be in his/her/their opinion the legal habilitation that which protected this cession, or that it specified which performances he had carried out to obtain the consent from the affected persons.
The COETTC replied the former requirement through writing of date 2/08/2016, registered to start off with to the Authority 08/08/2016, for which he exposed, among others, the following one:
- That "the School of Technical Engineers and Experts of Telecommunication of Catalonia has not handed over the particulars included in ours files to the Association of Technical Engineering of Telecommunication of Catalonia (AETTEC)".
- That "Even though the Sentence number 501/2014, of 30 May, of the Fifth Section of the Court Superior of Justice of Catalonia has declared the nullity of the Decree 141/2010 of 11 October according to what the COETTC was constituted, this has not been published yet in the Official Boletín of the Estado (BOE) nor the Official Newspaper of the Generalitat de Catalunya (DOGC), for which we are in phase of operating liquidation as such".
The same 8/08/2016 it had also entered into the Authority a written second of the COETTC, through which he requested the emission of a Judgement about "the steps to be" included in the files of the COETTC to incorporate the data of the professionals into the AETTEC. This Judgement 07/09/2016, in which it is concluded "from the COETTC" that "With regard to the legislation studied (Law 7/2006 and Law 2/1974), there is not sufficient legal habilitation for the communication of particulars of the ancient ones registered in the professional association in the AETTEC, without the consent of the affected ones," has been issued in date.
3.- Within the framework of the previous information it has been checked out that the COETTC represents as a responsible, among others, for the file "Registered" in the Professional Association, that it has the following ones as purposes: "Register of registered in the professional association, control of professional qualifications, accreditation of the situation of professional exercise of the ones registered in the professional association, identification of the data of contact of the professional registered in the professional association or of the registered professional society, to give advertising of all the former data", and of the "file of professional societies registered in the COETTC", that it has as a purpose the "register of the professional societies and management of the economic duties derived from the col·legiació. Annotation of the partners who compose the professional societies, of the administrators and representatives and of the changes that are produced. Annotation of the modifications of the social contract. Sending of notifications and communications to the societies". Both files are inscribed in the Register of Data Protection of Catalonia, dependent on this Authority.
Foundations of Law
1.- In accordance with the foreseen in the article 2 of Decree 278/1993, of 9 November, about the procedure sanctionative of application in the areas of competence of the Generalitat, in relation to the article 5 of Law 32/2010, of the 1 October, of the Catalan Authority of Data Protection, and the article 15 of Decree 48/2003, of 20 of February, for which the Statute of the Catalan Agency of Data Protection is approved, it is competent for to dictate this Resolution the director of the Catalan Authority of Data Protection.
2.- From the story of facts that he has set forth in the section of antecedents, it is necessary to analyze the denounced facts.
To this respect, the accusing school manifests that the COETTC, arran the Sentence no. Desestimatòria 1402/2016, of date 14/06/2016 of the Supreme Court, of the resource of cassation and confirmatòria of the Sentence no. 501/2014, of 30 May, dictated by the Court Superior of Justice of Catalonia, Section Fifth (TSJC), who stated the nullity of the Decree 141/2010 of creation of the COETTC, he could have made a cession of the data of the ones registered in the professional association that appeared in its files in the AETTEC, without the consent of these not even legal habilitation. The complaint founded in a piece of news made to internet public in date 12/07/2016 (www.tecnonews....), in which it was pointed out that the ones registered in the professional association of the COETTC had decided "the transition of the collective" by majority "(...) and the continuity born in the collective reconverted in Association WAVES of Technical Engineering of Telecommunication of Catalonia (AETTEC), through the brand GrausTIC". The accusing school pointed out that this cession would not have legal habilitation, and founded such consideration with regard to several arguments, them all contents in a juridical report (N/Ref. 463964/2014) issued by the Spanish Agency of Data Protection (AEPD) with occasion of a supposition very much similar, related to the School of Telecommunications Engineers of Catalonia (CETC) with respect to the communication of the data of its registered in the professional association towards the Catalan Association of Engineers of Telecommunication, as a result of the Sentence dictated in date 6/02/2013 for the TSJC, that he declared the nullity of the Decree 140/2010 of creation of the CETC.
The COETTC, for his part, in answer to the requirement for information of this Authority, has denied not to have made any cession of the data of its registered in the professional association in the AETTEC, and pointed out that they were still "in phase of operating liquidation as such".
Then well, of the performances of inquiry made it is concluded that there are not elements enough which they allow to consider that effectively the communication of data of the ones registered in the professional association of the COETTC in the AETTEC has been carried out here denounced. Certainly the COETTC has recognized to have considered the possibility to make this communication, and is because of that that he would have requested formally the emission of a Judgement on the part of this Authority, about the adequacy to law of such communication, and about the procedure to be to carry it out. The piece of news published in internet in what the complaint was based, in effect could reveal or the cession of data mentioned would be indicative of the intention of making, but there is not any test which it allows to impute that the communication has been consummated, so that it is unnecessary to enter to value if it had been made with the preceptive consent of the affected persons. It is the archive of the present performances of research for this that proceeds without more considerations.
This said, regarding the adequacy to law of the communication of data that was an object of complaint here, it is necessary to be to the pronouncement of this Authority in the Judgement CNS-49/2016 of 07/09/2016, mentioned to the antecedents and the contents of which can be accessed to the web site of this Authority (www.apd.cat), put aside judgements and reports.
3.- In accordance with every the that 2nd has been exposed in the foundation of law, and since the existence of rational evidence that does not allow not to impute any fact that could be constitutive has not resulted from one of the foreseen offenses proved during the present previous information in the LOPD, it proceeds to agree on the archive of the present performances.
The article 10.2 of the Decree 278/1993, of 9 November, about the procedure sanctionative of application in the areas of competence of the Generalitat, foresees that "(...) fold of charges will not be formulated and the stay will be ordered of the report and the archive of the performances when of the diligences and of the tests practiced, the nonexistence of offense or responsibility results from it proved. This resolution will be notified to the persons concerned". And the art. 20.1) of the same Decree he determines that the stay proceeds: "b) When there is not rational evidence of having taken place the facts that have been the cause of the initiation of the procedure".
Because of this,
I RESOLVE
First.- Filing the performances of previous information number 148/2016, related to the School of Technical Engineers and Experts of Telecommunication of Catalonia.
Second.- Notifying this Resolution to the School of Technical Engineers and Experts of Telecommunication of Catalonia and communicating it to the Official School of Technical Engineers of Telecommunication, with headquarters in Madrid, in Spanish language.
Third.- Ordering the publication of the Resolution to the web of the Authority (www.apd.cat), in accordance with the article 17 of Law 32/2010, of the 1st October.
Against this resolution, that the entity finishes the administrative way in accordance with the article 14.3 of the Decree 48/2003, of 20 February, by which the Statute of the Catalan Agency of Data Protection is approved, denounced he can interpose, with character potestatiu, resource of replacement before the director of the Authority Catalan of Data Protection, in the deadline of a month to count of the following day of his notification, in accordance with the that he foresees article 116 and following of the Law 30/1992 or to interpose directly resource contentious clerk in front of the Courts of the Suit Clerk, in the deadline of two months to count of the following day of the of his notification, in accordance with the articles 8, 14 and 46 of Law 29/1998, of 13 July, regulatory of the jurisdiction contentious clerk.
Equally, the denounced entity can lodge any other resource that he considers convenient for the defense of its interests.
The director
M. Àngels Barbarà i Fondevila
Barcelona, 23 September 2016
IP 148/2016
Rosselló street, 214, Esc. A,1r 1st
08008 Barcelona
Page 2 of 2
IP 148/2016 and 218/2016
Rosselló street, 214, Esc. A,1r 1st
08008 Barcelona
Page 1 of 7
RESOLUTION OF ARCHIVE of the previous information no. IP 148/2016 and IP 218/2016, referents to the
School of Technical Engineers and Experts of Telecommunication of Catalonia
Antecedents
1.- In date 19/07/2016 entry to the Authority had a writing for which the Official School
of Technical Engineers of Telecommunication (from now on, COITT), with headquarters in Madrid, it formulated
complaint against the School of Technical Engineers and Experts of Telecommunication of Catalonia (in
ahead, COETTC), on the occasion of a presumed noncompliance of organic Law 15/1999, of
13 December, of data protection of personal character (from now on, LOPD). The COITT
he exposed that the Supreme Court in Sentence no. 1402/2016 of 14/06/2016 have
confirmed the Sentence of 30/05/2014 of the Court Superior of Justice of Catalonia (in
ahead, TSJC), in what the nullity of the Decree 141/2010 by which it was constituted was stated the
COETTC, and that the finger “extinto Colegio (...) están realizando you manage it stops to attempt “the
transición of the colectivo” in an Asociación”. In this context, he added the COITT that the
COETTC had been titular of files of particulars of its registered in the professional association, data that
he could have given in to Association WAVES of Technical Engineering of Telecommunication of Catalonia
(from now on, AETTEC), without the consent of the affected persons. The COITT brought
diverse documentation related to the denounced facts.
2.- The Authority opened a phase of previous information (IP 148/2016), in accordance with what he foresees
the article 7 of the Decree 278/1993, of 9 November, about the sanctionative procedure
of application in the areas of competence of the Generalitat, in relation to the on TUES 2ª of the Law
32/2010, of the 1 October, of the Catalan Authority of Data Protection, in order to obtain more
information about the circumstances of the facts and the responsible subjects.
In the sinus of this phase of information, through profession of date 21/07/2016 was required to the
COETTC so that it informed about whether it had handed over the particulars of his to the AETTEC
registered in the professional association included in its files, and in affirmative case, which manifested which would be in his
opinion the legal habilitation that would protect this cession, or that it specified which performances
he had carried out to obtain the consent from the affected persons.
The COETTC replied the former requirement through writing for date 2/08/2016, registered
to start off with to the Authority 08/08/2016, for which he exposed, among others, the following one:
- That “the School of Technical Engineers and Experts of Telecommunication of Catalonia has not given way
the particulars included in our files to the Association of Technical Engineering of
Telecommunication of Catalonia (AETTEC)”.
- That “even though the Sentence number 501/2014, of 30 May, of the Fifth Section
of the Court Superior of Justice of Catalonia he has declared the nullity of the Decree 141/2010
of 11 October according to what the COETTC was constituted, this has not been published
still in the Official Boletín of the Estado (BOE) nor the Official Newspaper of the Generalitat of
Catalonia (DOGC), for which we are in phase of operating liquidation as such”.
The same 8/08/2016 it had also entered into the Authority a written second of the COETTC,
through which he requested the emission of a Judgement about “the steps to be” for
incorporating the data of the professionals included in the files of the COETTC into the AETTEC.
IP 148/2016 and 218/2016
Rosselló street, 214, Esc. A,1r 1st
08008 Barcelona
Page 2 of 7
This Judgement was issued in date 07/09/2016, in which is concluded that “with regard to the
legislation studied (Law 7/2006 and Law 2/1974), there is not sufficient legal habilitation for the
communication of particulars of the ancient ones registered in the professional association of the COETTC in the AETTEC, without the
consent of the affected ones”.
3.- Within the framework of the previous information it was checked out that the COETTC appeared as
responsible, among others, for the file “Registered” in the professional association, that it had the following ones as purposes:
“Register of registered in the professional association, control of professional qualifications, accreditation of the situation
of professional exercise of the ones registered in the professional association, identification of the data of contact of the professional
registered in the professional association or of the registered professional society, to give advertising of all the former data”, and
of the “file of professional societies registered in the COETTC”, that it had as a purpose the
“Register of the professional societies and management of the derived economic duties of
the col·legiació. Annotation of the partners who compose the professional societies, of the
administrators and empowered and of the changes that are produced. Annotation of the modifications of the
social contract. Sending of notifications and communications to the societies”. Both files
they had registered in the Register of Data Protection of Catalonia, dependent on this
Authority.
4.- In date 23/09/2016 the director of the Authority resolved to file the performances of the
previous information no. IP 148/2016, on not observing evidence enough of offense in the performance
of the COETTC. This resolution was notified the 28/09/2016 in the COETTC and the 29/09/2016 goes
being communicated to the COITT.
5.- In date 3/10/2016 entry in this Authority had a resource of replacement lodged
for the COITT against the resolution of archive of 23/09/2016. With the resource different receipts were brought
of quarterly quotas domiciled in the month of July of 2016 to a number of registered in the professional association of the
COETTC, where, although this school appeared as an ordering entity, in the corresponding section to the
concept of payment of the receipt “Quota AETTEC" was indicated “3rd T Friar- 000xxx OF
15/07/2016”. It also brought a writing that the ancient treasurer of the COETTC had presented in front the
General Direction of Juridical Entities of the Generalitat, in which it brought to light that in
the Register of this General Direction, he appeared as a treasurer of the AETTEC, without his
knowledge nor consent.
6.- Through writing of date 4/10/2016 transfer from the resource of replacement was given to the COETTC
so that it formulated allegations, as he made like this in date 20/10/2016, through writing where the
Dean of the COETTC denied so much the cession of data of all its registered in the professional association towards
the AETTEC, as the inconsentida cession of the data of whom he had been a treasurer of the COETTC and
appointed treasurer of the AETTEC.
7.- In date 27/10/2016 the director of the Authority resolved to reject the resource of replacement
by lack of active legitimation of the COITT, although he also resolved to reopen the information
previous no. IP 148/2016 in order to check out, in view of the documents brought by the COITT
with its resource, if the denounced facts justified the initiation of a sanctionative procedure
against the COETTC.
IP 148/2016 and 218/2016
Rosselló street, 214, Esc. A,1r 1st
08008 Barcelona
Page 3 of 7
8.- Once the previous information reopened no. IP 148/2016, through writing of 09/11/2016,
the same day notified to the COETTC, the Dean of this school that it brought was required the
following documentation, for the purpose of clarifying the eventual cession of data on the part of the COETTC to
the AETTEC: 1) certification of the Bank of Sabadell, or equivalent crediting documentation, in the
that the entry was proved in the c/c of the COETTC of the amounts related to the payment of all of them
the quarterly quotas domiciled in the month of July 2016; 2) copy of the document that
it proved that the ancient treasurer of the COETTC had agreed this School to communicate to
the AETTEC its particulars, which were made figure itself in the section “Other charges”
of the form complimented on the AETTEC entitled “Certificate of choice of a new Board
Directive” of date 13/04/2016, which in this date would have been shown in the face of the Direction
General of Law and of Juridical Entities. And that for the case that he considered that the consent
it had lent in the meeting of the School held the 04/12/2015 “for audio”, it brought copy of
the engraving of that meeting. And that if he considered that this consent had loaned the ancient one
treasurer of the COETTC to the general assembly of associates of the celebrated AETTEC the 17/12/2015
in what would it have been appointed member of the Board of Directors and treasurer of this association,
it brought the minutes and any other documentation tendent to proving the existence of the finger
consent; and 3) that it proved documentally that the rest of persons who appeared
identified with its name and surnames and NIF in the above-mentioned document (“Certified of
the choice of a new Board of Directors” of 13/04/2016) they had agreed that the COETTC
it communicated its data to the AETTEC.
9.- In date 16/11/2016 entry in the register of the Authority had a new writing of the COITT,
through which this School manifested that he had requested the transmission to the COETTC of the
files of its registered in the professional association, for have he that extinguished, without having obtained any answer, and
he requested the inn to the Authority that he required to the COETTC at the disposal of the COITT of the file
“Registered” in the professional association of the COETTC. To this writing that denounced some different facts to those that they were already
object of research, assigned it the IP number of complaint 218/2016.
10- Gone by abundantly the deadline of ten days granted without the COETTC facing
answer to the requirement for the Authority, through a second written of date 12/01/2017, notified
in the COETTC the same day electronically, the above-mentioned requirement was reiterated, with
the warning that in case it did not give fulfillment the severe offense could be committed
typified in the article 44.3.i) of the LOPD, not to provide this Authority the documentation
and required information.
11- The COETTC replied the former requirement through writing of date 09/02/2017, for the
qual its Dean exposed, among others, that the COETTC “had stopped existing” the month
of October of 2016 “after the Resolution of 30 September of 2016 of the Secretary General
of the Department of Justice for delegation of the titular person of the Department of Justice
(...)", publicized in the DOGC of 10/11/2016 through edict of date 18/10/216. Together with
the writing of answer brought documentation to the request for the purpose of giving fulfillment
made by the Authority in point 1) of the requirement for information, consistent in a certificate of the
Bank of Sabadell, of date 6/01/2017, through which the bank certified that in the
current account to name of the COETTC was carried out in date 22/07/2016 the following note: “one
I pay correspondiente to a delivery of importe fear recibos of dieciséis a thousand doscientos
IP 148/2016 and 218/2016
Rosselló street, 214, Esc. A,1r 1st
08008 Barcelona
Page 4 of 7
ochenta y seis cone diecinueve euros (16,219.86 €), in concepto of cuota profesional of the
School of Technical Engineers and Experts of Telecommunication of Catalonia”.
Later, in date 13/03/2017 entry had a written second of the ancient Dean of the
COETTC, through which it brought copy of the Sentence no. 102/2017 of date
14/02/2017 one dictated by the Court Superior of Justice of Madrid in front of the contentious resource
clerk no. 1637/2018, for which the lodged resource was estimated by one registered in the professional association of the
COETTC against the event of counting made in date 26/02/2015 in the elections to the Board of
Government of the exdye COETTC summoned 10/12/2014, event of counting that it canceled, as
it also canceled the elections held 12/02/2015.
12.- Within the framework of the previous information, on the one hand, the publication has been ascertained in the DOGC
of date 7/11/2016 of the Edict of 28/10/2016, for which the TSJC makes public the contents of the part
dispositiva of the Sentence no. 501/2014, of 30/05/2014, which he declares the nullity of the Decree
141/2010, of 11/10/2010 of creation of the COETTC.
On the other hand, the publication has also been ascertained in the DOGC of date 10/11/2016 of the Edict
of 18/10/2016, for which the Resolution of 30/09/2016 of the secretary general is made public of the
Department of Justice, which the fulfillment of the Sentence no ordered. 501/2014, of
30 May, of the TSJC, in which it is agreed to order:
“? The cancellation of the inscriptions in the Register of concerning professional schools to the
events related to the constitution of the School of Technical Engineers and Experts of Telecommunication of
Catalonia by the Decree 141/2010, of 11 October; of the declaration of adequacy to the legality of the
Statutes of this School for the Resolution JUS/1345/2012, of 13 June (DOGC no. 6167,
of 10.7.2012), modified partially by the Resolution JUS/1599/2013, of 15 July (DOGC
no. 6425, of 25.7.2013), and of the composition of the Executive Council of the corporation
mentioned.
? The inscription in the Register of professional schools of the Sentence of the Superior Court
of Justice of Catalonia no. 501/2014, of 30 May.”
Foundations of Law
1.- In accordance with the foreseen one in the article 2 of the Decree 278/1993, of 9 November, about the
procedure sanctionative of application in the areas of competence of the Generalitat, in relation
with the article 5 of the Law 32/2010, of the 1 October, of the Catalan Authority of Protection of
Data, and the article 15 of the Decree 48/2003, of 20 February, for which the Statute is approved of
the Catalan Agency of Data Protection, is competent to dictate this Resolution the
director of the Catalan Authority of Data Protection.
2.- Through the present resolution this Authority speaks about the facts that they gave
place to the previous information no. IP 148/2016, and also the facts denounced later in the
complaint in the one that assigned the no to itself. IP 218/2016, opened as a result of two writings of complaint
shown by the COITT against the COETTC.
In both cases the pronouncement of this Authority has to be the same, which is
conditioned by the circumstance of the extinction of the COETTC, by now already formalized. En
IP 148/2016 and 218/2016
Rosselló street, 214, Esc. A,1r 1st
08008 Barcelona
Page 5 of 7
effect, it has been ascertained, on the one hand, that in the DOGC of date 07/11/2016 it was published
the Edict for which the TSJC made public the contents of the dispositiva part of the Sentence no.
501/2014, of 30/05/2014, which he declared the nullity of the Decree 141/2010, of 11/10/2010 of creation
of the COETTC (once the TS rejected the resource of cassation lodged against this). Of another
band, in the DOGC of date 10/11/2016 the Edict of 18/10/2016, by which it is made, was published
public the Resolution of the secretary general of the Department of Justice of date 30/09/2016,
that he ordered the fulfillment of the mentioned STSJC before, ordering, among others, the
cancellation of the inscription of constitution of this School, in consonance with that. Such
situation goes corroborated also for the made demonstrations for the Dean of the COETTC in
the writing of 9/02/2017 directed to this Authority, where it brought to light to this Authority that the
School “has stopped existing the last month of October”.
So, the extinction of the COETTC would prevent from requiring administrative responsibilities from it for
the eventual commission of foreseen offenses in the LOPD, which in turn it has to entail
the closing of the present performances of research. Without harm of the former one, him
he considers to make some brief considerations about the denounced facts appropriate.
2.1. About the IP 148/2016.
In first place, about the complaint for the presumed communication of data of the COETTC to
the AETTC (IP 148/2016), in relation to the issued bank receipts the 22/07/2016 that they go
receiving a number of registered in the professional association of the COETTC, and in which in the section “concept” appeared
the expression “quota AETTC”, the Bank of Sabadell has certified that the titularity of the account
running where these receipts were deposited it was of the COETTC, and the motive of the entry that was evident
it was that of professional quota of the COETTC. So, of these receipts cannot be inferred that the
COETTC had communicated the AETTEC the necessary data of its ones registered in the professional association to turn
these receipts. This, with independence of which it was the will of the members of the last one
Executive Council of the COETTC, then about this is sufficient to remember that the 8/08/2016 the
COETTC requested To the Authority the emission of a Judgement about “the steps to be” for
incorporating the data of the professionals included in the files of the COETTC into the AETTEC.
A different appraisal they deserve the other facts in those that it referred also the first complaint of the
COITT, related to the eventual illegitimate treatment of the data of the ancient treasurer of the COETTC. To the
respect, is evident accredited that in the form complimented on the AETTEC entitled “Certificate
of choice of a new Board of Directors” of date 13/04/2016, that in this date him had
shown in the face of the General Direction of Law and of Juridical Entities of the Department of
Justice of the Generalitat, represented this person as a treasurer of the AETTEC, identified
with its name and surnames and NIF. Also the demonstrations made by this are evident
person, in the sense that did not have knowledge of the designation nor agreed with it, not even,
consequently, he had agreed the cession of its particulars nor to the Department of
Justice not even in the AETTC, demonstrations with respect to which the COETTC has kept silence in spite of
having been required to the effect by this Authority. Of this could be inferred then that the
COETTC would have communicated the data of its ancient treasurer without its consent –not even
legal habilitation-, circumstance that, of confirming through the sanctionative procedure
corresponding, it would constitute an illegitimate communication, typified as a severe offense to the art.
44.3.k) of the LOPD.
IP 148/2016 and 218/2016
Rosselló street, 214, Esc. A,1r 1st
08008 Barcelona
Page 6 of 7
2.2. About the IP 218/2016.
In relation to the facts in those that it referred the COITT in its directed writing to the Authority, for which
he asked to this institution that he addressed itself those who had been responsible for the exdye
COETTC so that they put the file at the disposal of the COITT “Registered” in the Professional Association of the COETTC, it is necessary
pointing out that such pretension is not found between the competences and functions of the Authority, that yes
he could order to the COETTC the cessation of the treatment of the particulars of the who
they had been registered in the professional association to become illegitimate, requirement but that is not considered
necessary since it is a direct consequence of the extinction of the COETTC. In any case, people cannot
stopping advising that the remission of the data in the COITT that claims this School does not seem
that it could be carried out without the consent of the affected persons, to the not observarse
the concurrence of a legal habilitation. About this, it is necessary to bring to light that the Sentence
no. 501/2014 of the TSJC did not contain any mandate in its dispositiva part about this.
In any case, if the COITT considers that the AETTC could be dealing in an illicit way
the data of those who had been registered in the professional association of the COETTC, it is necessary to say that this Authority would not be
competent to know of these facts (art. 3 of Law 32/2010), but such competence
it would correspond To the Spanish Agency of Data Protection, institution to the that the COITT
he could go to denounce the mentioned facts, if he considers it appropriate.
3.- In accordance with everything that has exposed itself, it proceeds to agree on the archive of the presents
performances, as it is not possible to require responsibilities in the exdye COETTC for the eventual ones
offenses of the LOPD that in an eventual way he had committed.
Because of this,
I RESOLVE
First.- Filing the performances of previous information IP number 148/2016 and IP 218/2016, relative
in the School of Technical Engineers and Experts of Telecommunication of Catalonia.
Second.- Communicating this Resolution to the ancient Dean of the School exdye of Technical Engineers and
Experts of Telecommunication of Catalonia and to the accusing person.
Third.- Ordering the publication of the Resolution to the web of the Authority (www.apd.cat), of
conformity with the article 17 of the Law 32/2010, of the 1st October.
Against this resolution, that it finishes the administrative way in accordance with article 14.3 of the
Decree 48/2003, of 20 February, for which the Statute of the Catalan Agency is approved of
Data Protection, the denounced entity can lodge, with potestatiu character, resource of
replacement before the director of the Catalan Authority of Data Protection, in the deadline of one
month to count of the following day of its notification, in accordance with what foresees article 123 and
following of the Law 39/2015 or to lodge directly administrative contentious resource
in front of the Courts of the Administrative Suit, in the deadline of two months to count of
IP 148/2016 and 218/2016
Rosselló street, 214, Esc. A,1r 1st
08008 Barcelona
Page 7 of 7
the following day of its notification, in accordance with the articles 8, 14 and 46 of Law 29/1998, of 13 of
July, regulatory of the administrative contentious jurisdiction.
Equally, the denounced entity can lodge any other resource that he considers convenient
for the defense of its interests.
The director
M. Àngels Barbarà i Fondevila
Barcelona, (to the date of the electronic signature)