E-form (Catalan version avalaible) 

Data subjects who have been fully or partially denied the exercise of their rights to access, rectification, erasure or objection, or consider their request has been dismissed because it was not resolved to within the established time period, may submit a claim to the Catalan Data Protection Authority (APDCAT). The Authority will verify whether the denial is well-founded or not by initiating a procedure for the protection of the rights of the person concerned.

When the denial comes from an entity within the scope of authority of the APDCAT, the claim must be made against that institution (Art. 3 of Law 32/2010).    

Requirements for submitting a claim:

  • The right must have been exercised previously before the file controller.

Method of submitting the claim: 

The claim must be made in writing and signed. The standard letter to be found on the website (the link appears below) can be used as an example. A copy of the letter to the file controller in which the right was exercised and a copy of the reply, if any, must be attached. This written claim may be submitted:

  • Via the APDCAT electronic office, with an e-signature.
  • By standard mail, with handwritten signature, addressed to: C/ Rosselló, 214, esc. A, 1r 1a, 08008 Barcelona.
  • In person, with handwritten signature, to the APDCAT incoming document Registry (C/ Rosselló, 214, esc. A, 1r 1a, 08008 Barcelona, Monday to Friday, from 9 a.m. to 2 p.m.), to the incoming document Registry of any body of the Administration of the Government of Catalonia or Spain, or in any Post Office.

To make the claim for any of the Habeas Data rights that has been exercised and denied, please use this e-form

If the APDCAT has not sent notification of the resolution of the claim within six months, the person concerned may consider it has been dismissed. 

An optional appeal for reversal may be lodged with the APDCAT director against this resolution or in the event of no resolution being notified, or a contentious administrative appeal brought directly before the contentious administrative court of Barcelona.

 

Update:  02.02.2017