In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI number:
In the matter of a complaint, lodged by with Commission Nationale de
l'Informatique et des Libertés 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 12th day of August 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 17 January 2021, (“the Data Subject”) lodged a complaint pursuant
to Article 77 GDPR with Commission Nationale de l'Informatique et des Libertés (“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 19 March 2021.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject’s account had been suspended by the Respondent in the past. When
trying to create a new account with the same information, the Data Subject observed
that his personal data had been retained by the Respondent as he was unable to
create a new account using the same details. The Data Subject emailed the
Respondent on 16 January 2021 to request erasure of his personal data.
b. The Data Subject was unhappy with the response they 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
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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
the Data Subject’s personal data had been retained following an account ban, and was
retained in line with the Respondent’s data retention policy. In the circumstances, the
Respondent agreed to take the following action:
a. The Respondent conducted a fresh review of the Data Subject’s ban, following which
it made a decision to lift the ban.
b. The Respondent communicated that decision to the Data Subject.
8. On 07 September 2021, the DPC informed the data subject (via the Recipient SA) of the
outcome of its engagement with the Respondent. When doing so, the DPC noted that the
actions now taken by the Respondent appeared to adequately deal with the concerns raised
in his complaint as the lifting of the ban allowed the Data Subject to create a fresh account
should he still wish to do so. 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
consider the matter further.
9. On 08 December, 2021 the DPC issued further correspondence to the Recipient SA, to clarify
if any response had been received by them from the Data Subject. On 29 December 2021, the
Recipient SA advised the DPC that no further correspondence had been received from the
Data Subject. 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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