How to file a complaint with the APDCAT (explained plainly)
Imagine that you ask an entity for your personal data and they say no, or they don’t reply within the deadline. In these cases, you have the option to file a complaint with the Catalan Data Protection Authority (APDCAT). They review whether the refusal is justified or not.
What must you have done first?
Before complaining to the APDCAT, you must have exercised your right directly with the entity responsible for the file (that is, formally requesting access, rectification, etc.). If they reply and you disagree, or if they don’t answer, you can move on to the next step.
How is the complaint submitted?
The complaint must be made in writing and signed. You must also attach a copy of the prior request you made to the entity and, if you have it, their response. You can submit this document in several ways:
Online, through the APDCAT electronic headquarters (with or without electronic signature).
By postal mail, sending it to: Gran Via de les Corts Catalanes, 635, 1st floor, 08010 Barcelona.
In person, at the APDCAT registry (same address, Monday to Friday, from 9:00 to 14:00) or at any official registry of the Generalitat, the State, or even a Post Office branch.
Forms and deadlines
If what you want is to complain about a specific right (access, rectification, erasure, or objection), there is a specific electronic form you can use.
An important detail: if the APDCAT has not resolved your complaint within six months, it is considered dismissed.
And if you also disagree with the final decision?
You still have two options:
File an optional administrative appeal for reconsideration before the APDCAT director.
Or go directly through the judicial route and file an administrative appeal before the courts of Barcelona.
In other words: first you ask the entity for your data, and if they ignore you or you’re not convinced by their answer, you can escalate it to the APDCAT. And if you’re still not satisfied with their decision, you can appeal to higher instances.