In the matter of the General Data Protection Regulation
DPC Complaint Reference:
In the matter of a complaint, lodged by with the 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 19th day of August 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 07 June 2021, (“the Data Subject”) lodged a complaint pursuant
to Article 77 GDPR with the Data Protection Commission (“the Recipient SA”) concerning
(“the Respondent”).
The Complaint
2. The details of the complaint were as follows:
a. The Data Subject emailed the Respondent on 22 March, 29 March and 30 March 2021,
requesting the erasure of her old account for which she no longer had
access.
b. In order to verify her identity the Data Subject provided the Respondent with a copy
of her ID. However, the ID provided could not be used to verify the Data Subject’s
identity as the information contained within was not legible.
Action taken by the DPC
3. 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.
4. Following a preliminary examination of the material referred to it, 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).
5. 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
6. The DPC engaged with both the Data Subject and Respondent in relation to the subject matter
of the complaint.
7. During the course of the DPC’s engagement, on 18 November 2021 the Data Subject informed
the DPC that she had received direct contact from the Respondent. Following this direct
contact, the Data Subject had verified her identity with the Respondent and her old
account was successfully scheduled for deletion within 30 days. The Data Subject further
advised that she would contact the DPC if any further issues arose.
8. The DPC requested the Data Subject to notify it, by Wednesday 22 December 2021, if she
encountered any issues, 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 Act, 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
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.
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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:
Deputy Commissioner
Data Protection Commission
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