In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Ref -
In the matter of a complaint, lodged by with the Swedish Authority for Privacy
Protection (Swedish SA) 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 26th day of August 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 15 February 2021, (“the Data Subject”) lodged a complaint pursuant
to Article 77 GDPR with Swedish Authority for Privacy Protection (“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 March 2021.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject emailed the Respondent on 8 February, 9 February, & 11 February
2021, to request the deletion of his personal data from the Platform.
b. The Data Subject was not satisfied with the Respondent’s responses.
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 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. Further to that engagement, the Respondent advised
that it had made the decision to ban the complainant’s account on 17 January 2021. This
decision was made after the Respondent had established that the complainant had posted
pictures to his profile that did not represent himself. In the circumstances, the Respondent
agreed to take the following actions:
a. The Respondent confirmed they had reviewed the reasons for the Data Subject’s
account initially being banned.
b. Following this review, the Respondent had decided to lift this ban.
8. The Respondent communicated the lifting of the ban on the Data Subject’s account to the
Data Subject on 16 August 2021. The Respondent provided the DPC with a copy of the letter
that it had sent to the Data Subject.
9. The DPC forwarded a letter, outlining the Respondent’s response, to the Recipient SA, for
forwarding to the Data Subject, on 11 February 2022. When doing so, the DPC noted that 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.
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;
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