In the matter of the General Data Protection Regulation
DPC Complaint Reference:
In the matter of a complaint, lodged by [REDACTED] with the Data Protection Commission pursuant to Article 77 of the General Data Protection Regulation, concerning [REDACTED]
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 26th day of August 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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# **Background**
1. On 25 July 2021, (“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:
a. The Data Subject emailed the Respondent on 24 June 2021, submitting an access request for a copy of their personal data, in particular requesting the list of their , and the
b. On 11 October 2021, the Data Subject confirmed that they had not received any response in relation to their access request 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 Data Subject, 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 and Respondent in relation to the subject-matter of the complaint. Further to that engagement, it was established that there was a technical configuration issue preventing information on [REDACTED] from being available via the Respondent's self-serve tools, which was caused by human error. In the circumstances, the Respondent agreed to take the following action:
a. The Respondent agreed to respond to the Data Subject directly regarding their access request.
8. On 15 November 2021, the Respondent confirmed to the DPC that it had written to the Data Subject, providing them with their [REDACTED], as per their request, along with information on how he/she could obtain the list of his/her [REDACTED] via the Respondent's self-serve tools. The Respondent noted that it had thanked the Data Subject in this correspondence for bringing the technical issue affecting its self-serve tools to its attention.
9. On 22 November 2021, the DPC wrote to the Data Subject, outlining the information provided by the Respondent. When doing so, the DPC noted that, as the requested personal data had now provided by the Respondent, 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.
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.
# Confirmation of Outcome
11. For the purpose of Document 06/2021, the DPC confirms that:
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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:
**Sandra Skehan**
**Deputy Commissioner**
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