In the matter of the General Data Protection Regulation
DPC Complaint Reference:
In the matter of a complaint, lodged by with Data Protection Commission 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 29th day of July 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 25 October 2020, (“the Data Subject”) lodged a complaint pursuant to Article
77 GDPR with the Data Protection Commission (“the DPC”) concerning
(“the Respondent”).
2. The DPC was deemed to be the competent authority for the purpose of Article 56(1) GDPR.
The Complaint
3. The details of the complaint were as follows:
• The Data Subject raised concerns with the DPC in relation to an erasure request made
to the Respondent under Article 17 of GDPR. The complainant stated that a third party
was using his image as their profile picture on the platform. The
complainant stated that he did not own the concerned account, and had not given
permission for his image to be used in this way. The complainant requested that this
image be removed from the platform.
• The Data Subject made his erasure request on 22 October 2020 and the Respondent
replied on 24 October 2020 to state that, based on the information supplied, none of
the grounds for erasure apply in this instance. The Data Subject replied to the
Respondent on 25 October 2020 re-iterating his request for erasure to which he
received no response. On the same day, the Data subject lodged a complaint with the
DPC.
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 provided to it by the complainant, 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:
• The relationship between the Data Subject and Respondent (being, in this case, an
individual service user and a service provider); and
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• The nature of the complaint (in this case, an unsuccessful attempt by the Data Subject
to exercise his/her 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:
• 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
• 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 controller,
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 and Respondent in relation to the subject-matter
of the complaint. In correspondence with the DPC the Respondent agreed to take the
following action:
• The Respondent agreed to remove the Data Subject’s image from the
profile which was not owned by the Data Subject.
8. On 5 August 2021, the Respondent confirmed that a specialist team had reviewed the image.
Following this review the reported image, which was the subject of the complaint, had been
deleted by the Respondent.
9. On 21 October 2021, the DPC corresponded with the Data Subject noting that their complaint
related to the removal of a photograph of the complainant’s image, from the
platform. In that correspondence the DPC advised the complainant that the relevant image
had been deleted. That correspondence noted that deletion of the image appeared to
facilitate the resolution of the Data Subject’s complaint about .
10. The complainant was invited to provide any outstanding concerns which they may have within
one month of the date of the letter, so that additional action could be taken if required. The
DPC did not receive any further communication from the Data Subject and, accordingly, the
complaint has been deemed to have been amicably resolved.
11. 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.
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Confirmation of Outcome
12. For the purpose of Document 06/2021, the DPC confirms that:
• The complaint, in its entirety, has been amicably resolved between the parties
concerned;
• The agreed resolution is such that the object of the complaint no longer exists; and
• Having consulted with the supervisory authorities concerned on the information set
out above, as required by Document 06/2021, the DPC has now closed off its file in
this matter.
13. If dissatisfied with the outcome recorded herein, the parties have the right to an effective
remedy by way of an application for judicial review, by the Irish High Court, of the process
applied by the DPC in the context of the within complaint.
Signed for and on behalf of the DPC:
_____________________________
Deputy Commissioner
Data Protection Commission
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