Background
1. On 13 November 2019, (“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 contacted the Respondent to request erasure, pursuant to Article
17 GDPR, of his personal data in the form of a photograph of the Data Subject which
was uploaded to the platform by a third party without his consent.
b. The Respondent reviewed the request and determined that the information provided
by the Data Subject in relation to the image did not satisfy any of the criteria for
erasure under Article 17 GDPR. Accordingly, the Respondent refused to comply with
the Data Subject’s request.
c. As the Data Subject was not satisfied with the response received from the Respondent
regarding the concern 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 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 Respondent in relation to the subject matter
of the complaint. Further to that engagement, the Respondent reiterated its position that the
information provided by the Data Subject in relation to the image had failed to satisfy any of
the criteria for erasure under Article 17 GDPR and again refused to comply with the request.
8. Following further engagement between the DPC and the Respondent, on 23 March 2022, the
Respondent advised the DPC that, having reviewed the matter further, it had decided, in
accordance with its internal policies and taking into account the fact that the Data Subject is
an Italian national, it should render the URL link to the content inaccessible within Italy and
proceeded to do so.
9. The DPC advised the Data Subject of the above action on 6 April 2022. In its correspondence
to the Data Subject, the DPC requested that the Data Subject notify it, within a specified
timeframe, if he was not satisfied with the actions taken by the Respondent , 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;
b. The agreed resolution is such that the object of the complaint no longer exists; and
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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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