Through the present document, the management of the Bucharest University of Economic Studies (BUES) wishes to inform all doctoral alumni, doctoral degree holders between 2016 and 2020, regarding the following aspects:
1. In February 2020, the Ministry of Education and Research (MEC) informed us of their intention that, in the following period, the database where doctoral dissertations defended as of 2016 are indexed is to be made public.
2. Therefore, the platform currently used to verify doctoral dissertations at the National Council for Titles, Diplomas and Certificates (CNATDCU), platform run by the Executive Agency for Higher Education, Research, Development and Innovation Funding (UEFISCDI), an institution functioning under the authority of the Ministry for Education and Research, will become functional.
The legislative acts including provisions relevant for the above are:
- Law no. 1/2011 – national education law – refer to the provisions (1) of art. 168 par. (9);
- Government Resolution no. 681/2011 on passing the Doctoral Studies Code – refer to the provisions (2) of art. 66, par. (4) in the Appendix.
Regarding the enforcement of regulations on personal data protection stipulated by GDPR (3), BUES management informs that:
a. Personal data to be processed in the context described above are the doctoral alumnus’ name and surname; thus, the set of personal data to be processed is reduced to a minimum;
b. Processing of these data is legal, as the express GDPR provisions (4) of art 1. Par (6), point c apply.
Should doctoral graduates wish to express their refusal to have their dissertations published, they are to contact the BUES Council for Doctoral Studies (CSUD-ASE) at Str. Tache Ionescu no. 11 or online, at firstname.lastname@example.org, presenting the arguments that could justify this refusal pursuant to explicit legal provisions, such as for example, the legislation on classified information protection. This applies in those situations where, for writing the dissertation, either data not meant to be made public or information classified under law have been used.
Doctoral alumni can submit to the CSUD-ASE management the justified refusal to have the dissertations published by March 23, 2020.
(1) Law no. 1/2011 – national education law, published in the Official Journal of Romania, Part 1, no. 18 of January 10, 2011, including subsequent modifications and completions.
(9) The doctoral dissertation is a public document. It shall also be written in digital format. In the domain of arts, the doctoral dissertation can be accompanied by the digital recording of the original artistic creation. The doctoral dissertation and its appendices shall be published on a website run by the Ministry of Education, Research, Youth and Sport, in compliance with current royalties legislation.
(2) Government Resolution no. 681 of 29.06.2011 on passing the Doctoral Studies Code, including subsequent modifications and completions
APPENDIX – Doctoral Studies Code, ART. 66
(4) The structure of the ”PhD file” and access to it shall be regulated by a methodology drafted by CNATDCU and approved by order of the Minister of National Education and Scientific Research, pursuant to legislation in force. This procedure shall comply with the following rules:
a) the dissertation abstract shall pe published on the university website or, as the case may be, on the Romanian Academy website; it can be accessed by the public after the decision appointing the thesis committee has been issued;
b) a printed copy of the dissertation shall be available for reading at the University library or, as the case may be, at the Academy library at least 20 days before the date established for public defense. The PhD dissertation shall remain a public document at the University library or, as the case may be, at the Romanian Academy library;
c) if the PhD student does not opt for the explicit publication of the dissertation or of chapters therefrom, the dissertation in digital format shall be available for free access on the national platform after the decision granting the PhD degree has been issued; the dissertation shall be covered by a royalties protection license;
d) if the PhD student opts for the explicit publication of the dissertation or of chapters therefrom, they are given a grace period of maximum 24 months to have the thesis published; after the grace period has expired, in case IOSUD has not received any notification concerning the explicit publication of the thesis, the document in digital format shall become available on the national platform and shall be covered by a royalties protection license;
e) after the dissertation or chapters therefrom have been published, the author shall notify IOSUD of this fact and shall submit the bibliographic index and a link to the publication, which are to be subsequently made public on the national platform;
f) After the doctoral degree has been granted, in maximum 30 days, IOSUD shall send a printed copy of the dissertation to the National Library of Romania, where it can be accessed upon request.
NOTE: The IOSUD acronym refers to ”Institution Organizing University Doctoral Studies”.
(3) Regulation no. 679 of 27.04. 2016 on the protection of natural persons as to the processing of personal data and the free circulation thereof, and on repealing Directive 95/46/CE (General Data Protection Regulation) issued by the European Parliament and the European Council.
(4) GDPR Art. 6: Lawfulness of processing
(1) Processing shall be lawful only if and to the extent that at least one of the following applies:
c) processing is necessary for compliance with a legal obligation to which the controller is subject;
f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Point (f) of the first paragraph shall not apply to processing carried out by public authorities in the performance of their tasks.