RESOLUTION OF ARCHIVE of the open Previous Information as a result of the complaints no. IP 62/2016, 63/2016, 64/2016 and 65/2016, referents at the School “The Hill” of the Department of Education of the Generalitat de Catalunya.

A CEIP a questionnaire to the pupils to elaborate made a sociogram, followed technique to know the social position of each member in a group and that expresses the preferences quantitatively and the rejections, what allows the hard educator actions of cohesion and/or integration, if it falls. The DA23 LOE contains an exception to the general rule of the consent foreseen in the article 6.1 of the LOPD, for which the schools can collect particulars of the pupils -included those of the family and social environment- without the need for consent of the parents/tutors, when they are necessary for the exercise of the educational functions. In the denounced case it is considered that the questionnaire as well as the sociogram are set in the functions of the teaching staff established in article 17 (pupils primary) and 91 of the LOE since these have to watch over the communal life of the group and for the development affective and social of each of its members, motive for which it was not necessary to obtain the consent. With regard to this, the performances are filed.