In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Agencia
Española de Protección de Datos 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 5th day of August 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 31 December 2019, (“the Data Subject”) lodged a
complaint pursuant to Article 77 GDPR with the Agencia Española de Protección de Datos
(“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 8 July 2020.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject emailed the Respondent on 27 November 2019, seeking the erasure
of certain personal data from the Respondent’s platform
b. On 12 December 2019, the Respondent refused the Data Subject’s request to the right
of erasure. The Respondent refused the initial request, deeming that the data in
question was not posted in violation of their private information policies, and
therefore would not be erased.
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).
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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:
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. Further to that engagement, it was established that,
following a review of the Data Subject’s complaint, the Respondent deemed that the personal
data was of public interest, was not posted in violation of their policies on the platform, and
therefore the request for erasure had been refused. The Respondent agreed to take the
following action:
a. The Respondent agreed to allow the DPC to provide the complainant with a copy of
their detailed response, including reference to the existence of their Terms of Service,
Privacy Policy and Rules in the hope that their explanations may help to resolve the
matter.
8. Following a number of further engagements with both the Respondent and the Data Subject,
the Respondent conducted a further review of the complaint and personal data in question,
and, on 17 September 2021, the Respondent confirmed to the DPC that the personal data
would be erased.
9. The DPC forwarded this information to the Recipient SA, for onward submission to the Data
Subject, on 28 September 2021. When doing so, the DPC noted that, as the Respondent had
now erased the requested personal data, 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.
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Confirmation of Outcome
11. 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
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.
12. 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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