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 5th day of August 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 06 May 2020, (“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 asserts that they requested deletion of their personal data under
Article 17 GDPR. The personal data in question consists of photographs of the
complainant, posted without their consent.
b. While, the Data Subject accidentally deleted his initial request, he did provide the DPC
with a copy of the Respondent’s reply to him dated 06 May 2020. That respondent’s
reply refused the erasure request on the basis that none of the relevant grounds of
erasure applied in this instance.
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 provided 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 service user 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 and the Respondent in relation to the subject
matter of the complaint. On 30 June 2020, the Respondent informed the DPC that it had
reviewed the Data Subject’s request and the images in question and determined that they did
not violate the Respondent’s Terms of Service or Community Standards. The DPC thereafter
engaged with the Data Subject on a number of occasions, to provide information received
from the Respondent and attempt to facilitate an amicable resolution to the complaint.
8. On 2 November 2021 the DPC again reviewed the URL’s originally provided by the Data
Subject. The DPC noted that the images contained in the URL’s were no longer visible. The
DPC corresponded with the Data Subject advising that the relevant URLs, which formed the
basis for the complaint, appeared to have been removed from the platform. That
correspondence noted that the removal of the URLs may adequately address the concerns
raised in the complaint.
9. The Data Subject was invited to provide any outstanding concerns which they may have within
one month of the date of the letter, so that additional action could be taken if required. 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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