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 16th day of September 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 3 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, as the supervisory authority of the ‘main establishment’ (as defined in Article 4(16)
GDPR) of the Respondent, 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 requesting the erasure of her personal data
on the basis that those personal data were posted to the Respondent’s
platform by a third party without the Data Subject’s consent.
b. The Respondent reviewed the request and determined that Article 17(1) GDPR did
not apply. Accordingly, the Respondent refused to comply with the Data Subject’s
request. As the Data Subject was not satisfied with the response received from the
Respondent regarding the concerns raised, the Data Subject made a complaint to the
DPC.
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 their 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 Respondent in relation to the subject matter
of the complaint. During the course of the engagement, the Data Subject reported additional
items of personal data, which she also sought the erasure of. These items consisted of posts
and photos shared to the platform by the third party. During the complaint handling
process, the Respondent reviewed the information provided and removed certain content
which it determined were in violation of ’s terms and policies. While other content
was deemed not to be in violation of said terms and policies, it was deemed to be in violation
of the Respondent’s Community Guidelines and it was then also removed.
8. On 10 March 2022, the DPC wrote to the Data Subject noting that all of the specific content
referred to in the Data Subject’s initial complaint had been removed.
9. On the same date, the Data Subject replied to indicate her acceptance of the actions taken by
the Respondent and as such, the DPC considered the matter 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;
b. The agreed resolution is such that the object of the complaint no longer exists; and
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