In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Number:
In the matter of a complaint, lodged by with the Agencia Espanola de
Proteccion de Datos 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 16th day of September 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. (“the Data Subject”) lodged a complaint pursuant to Article 77 GDPR
with the Agencia Espanola de Proteccion de Datos (“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 10 March 2021.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject lost access to her account held with the Respondent,
stating that her login credentials have been changed by an unauthorised third party.
The Data Subject therefore sought to regain access to her account, so that she could
then schedule its deletion.
b. The Data Subject initially engaged with the Respondent in order to regain access to
her account. As part of the process, the Respondent requested that the Data Subject
provide photographic identification for the purposes of verifying her identity.
c. In response to this request, the Data Subject provided the Respondent with a redacted
copy of her ID. The Data Subject had digitally redacted certain information in her ID
(such as her identification number), citing a risk of identity theft.
d. The Respondent did not accept the redacted ID, noting that there was not sufficient
information available for the purposes of verifying the Data Subject’s identity. The
Data Subject disagreed with the Respondent’s position and filed a complaint with the
Recipient SA, purporting to exercise her rights to access, rectification and erasure
under the GDPR.
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
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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 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
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, the Respondent
explained that, in order to ensure the integrity of the IDs it receives, it does not accept images
of ID’s that have been digitally modified. However, the Respondent further explained that, in
order to verify her account in this manner, the Data Subject may physically cover any non-
essential information on the ID (e.g. with a piece of paper) before taking a photograph of the
document to be used for this purpose. The Respondent also offered to contact the Data
Subject directly in order to assist her further with the erasure request.
8. The DPC wrote to the Data Subject, via the Recipient SA, to advise her of the foregoing on 1
July 2021. The letter requested that the Data Subject respond within two months if she was
not satisfied with the information provided, so 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. On 14 December 2021 and in light of the foregoing, the DPC wrote to the Recipient SA noting
that the DPC considered the complaint to have been amicably resolved and withdrawn in
accordance with section 109(3) of the Act and that it would conclude the case and inform the
Respondent.
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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;
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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