In the matter of the General Data Protection Regulation
DPC Complaint Reference:
In the matter of a complaint, lodged by with the Finnish Data Protection Authority
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 28 April 2020, (“the Data Subject”) lodged a complaint pursuant to Article 77
GDPR with the Finnish Data Protection Authority (“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 22 October 2020.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on 7 March 2020 and 20 March 2020 to
request the delisting of several URLs from its search engine.
b. The Data Subject was not satisfied with the responses received 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/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:
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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 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 (via the Recipient SA) and Respondent in relation
to the subject-matter of the complaint. As part of this engagement, the DPC informed the
Respondent of the grounds on which the Data Subject sought to have the URLs in question
delisted, which they had provided to the Recipient SA as part of their complaint. Further to
that engagement, it was established that the Data Subject did not provide the additional
information that was requested by the Respondent at the time in order for it to assess the
Data Subject’s delisting request. In the circumstances, the Respondent agreed to take the
following action:
a. The Respondent agreed to delist the complained of URLs and prevent them from
appearing in its search results in Europe.
8. On 15 February 2021, the Respondent informed the DPC that it had reviewed the Data
Subject’s delisting request and taken the appropriate steps to prevent the URLs appearing in
search results in Europe. The DPC noted that, now that the requested URLs had been delisted,
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/she
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.
9. 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, is deemed to have been withdrawn
by the Data Subject.
Confirmation of Outcome
10. For the purpose of Document 06/2021, the DPC confirms that:
a. The complaint, in its entirety, has been amicably resolved between the parties
concerned;
b. The agreed resolution is such that the object of the complaint no longer exists; and
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c. 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.
11. 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:
Sandra Skehan
Deputy Commissioner
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