In the matter of the General Data Protection Regulation
DPC Complaint Reference:
In the matter of a complaint, lodged by with the Berlin Commissioner for Data
Protection and Freedom of Information pursuant to Article 77 of the General Data Protection
Regulation, concerning
Record of Amicable Resolution of the complaint and its consequent withdrawal pursuant to
Section 109(3) of the Data Protection Act, 2018
Further to the requirements of Internal EDPB Document 06/2021 on the practical implementation
of amicable settlements (adopted on 18 November 2021)
RECORD OF AMICABLE RESOLUTION FOR THE
PURPOSE OF INTERNAL EDPB DOCUMENT 06/2021 ON
THE PRACTICAL IMPLEMENTATION OF AMICABLE
SETTLEMENTS, ADOPTED 18 NOVEMBER 2021
Dated the 30th day of May 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 19 May 2019, Mr (“the Data Subject”) lodged a complaint pursuant to Article
77 GDPR with the Berlin Commissioner for Data Protection and Freedom of Information (“the
Recipient SA”) concerning (“the Respondent”).
2. In circumstances where the Data Protection Commission (“the DPC”) was deemed to be the
competent authority for the purpose of Article 56(1) GDPR, the Recipient SA transferred the
complaint to the DPC on 21 August 2019.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject emailed the Respondent on 13 February, 27 February and 20 March
2019, to request access to his personal data.
b. The Data Subject did not receive any response from the Respondent.
Action taken by the DPC
4. The DPC, pursuant to Section 109(4) of the Data Protection Act, 2018 (“the 2018 Act”), is
required, as a preliminary matter, to assess the likelihood of the parties to the complaint
reaching, within a reasonable time, an amicable resolution of the subject-matter of the
complaint. Where the DPC considers that there is a reasonable likelihood of such an amicable
resolution being concluded between the parties, it is empowered, by Section 109(2) of the
2018 Act, to take such steps as it considers appropriate to arrange or facilitate such an
amicable resolution.
5. Following a preliminary examination of the material referred to it by the Recipient SA, the DPC
considered that there was a reasonable likelihood of the parties concerned reaching, within a
reasonable time, an amicable resolution of the subject matter of the complaint. The DPC’s
experience is that complaints of this nature are particularly suitable for amicable resolution in
circumstances where there is an obvious solution to the dispute, if the respondent is willing
to engage in the process. In this regard, the DPC had regard to:
a. The relationship between the Data Subject and Respondent (being, in this case, an
individual consumer and a service provider); and
b. The nature of the complaint (in this case, an unsuccessful attempt by the Data Subject
to exercise his data subject rights).
6. While not relevant to the assessment that the DPC is required to carry out pursuant to Section
109(4) of the 2018 Act, the DPC also had regard to Internal EDPB Document 06/2021 on the
practical implementation of amicable settlements, adopted on 18 November 2021
(“Document 06/2021”), and considered that:
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a. the possible conclusion of the complaint by way of amicable resolution would not
hamper the ability of the supervisory authorities to maintain the high level of
protection that the GDPR seeks to create; and that
b. such a conclusion, in this case, would likely carry advantages for the Data Subject,
whose rights under the GDPR would be vindicated swiftly, as well as for the
Respondent, who would be provided the opportunity to bring its behaviour into
compliance with the GDPR.
Amicable Resolution
7. The DPC engaged with both the Data Subject (via the Recipient SA) and Respondent in relation
to the subject-matter of the complaint. Further to that engagement, it was established that
the email address to which the Data Subject’s emails was sent was not monitored by the
Respondent. In the circumstances, the Respondent agreed to take the following action:
a. The Respondent agreed to grant the Data Subject immediate access to the requested
personal data; and
b. To delete the webpage which contained the unmonitored email address.
8. On 27 September 2019, the Respondent confirmed that it had provided the Data Subject with
copies of his personal data. The Respondent provided the DPC with copies of the letter and
files that it had sent to the Data Subject, by way of proof of compliance with its obligations, in
this regard. The Data Subject, however, subsequently contacted the DPC on 11 January 2020,
15 August 2020 and 18 February 2021, to advise that he had not received the personal data
that had been requested.
9. Following further engagement with the Respondent, it was agreed that the DPC would
forward, to the Data Subject, the letter and files that the Respondent provided to the DPC on
27 September 2019. The DPC forwarded the letter and files to the Recipient SA, for onward
submission to the Data Subject, on 22 September 2021. When doing so, the DPC noted that,
as the requested personal data had now been provided by the Respondent, the dispute
between the Data Subject and Respondent appeared to have been resolved. In the
circumstances, the DPC asked the Data Subject to notify it, within two months, if he was not
satisfied with the outcome, so that the DPC could take further action. The DPC did not receive
any further communication from the Data Subject and, accordingly, the complaint has been
deemed to have been amicably resolved.
10. In circumstances where the subject-matter of the complaint has been amicably resolved, in
full, the complaint, by virtue of Section 109(3) of the 2018 Act, is deemed to have been
withdrawn by the Data Subject.
Confirmation of Outcome
11. For the purpose of Document 06/2021, the DPC confirms that:
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