In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Complaint Reference Number:
In the matter of a complaint, lodged by with the Austrian Data Protection
Authority pursuant to Article 77 of the General Data Protection Regulation, concerning Ryanair
Designated Activity Company
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 EDPB Guidelines 06/2022 on the practical implementation of
amicable settlements Version 2.0 (adopted on 12 May 2022)
RECORD OF AMICABLE RESOLUTION FOR THE
PURPOSE OF EDPB GUIDELINES 06/2022 ON THE
PRACTICAL IMPLEMENTATION OF AMICABLE
SETTLEMENTS VERSION 2.0, ADOPTED 12 MAY 2022
Dated the 21st day of October 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 2 October 2019, (“the Data Subject”) lodged a complaint pursuant to
Article 77 GDPR with the Austrian Data Protection Authority (“the Recipient SA”) concerning
Ryanair Designated Activity Company (“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 20 December 2019.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject emailed the Respondent on 9 August 2019 and 11 September 2019,
submitting an access request for a copy of their personal data, in relation to a refund
request.
b. The Data Subject was not satisfied with the response received from the Respondent.
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 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 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/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 EDPB Guidelines 06/2022 on the practical
implementation of amicable settlements Version 2.0, adopted on 12 May 2022 (“Document
06/2022”), 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, it was established that
the Respondent’s customer service department focused on the request for a refund as the
main issue of the Data Subject’s correspondence, rather than their access request. In the
circumstances, the Respondent ultimately agreed to take the following action:
a. The Respondent contacted the Data Subject directly on 22 October 2020. The
Respondent apologised to the Data Subject and provided the Data Subject with the
requested personal data.
b. In relation to the Data Subject’s refund request, the Respondent indicated it could not
apply a refund due to reasons explained by the Respondent’s customer service. This
was a customer service issue, not a data protection matter.
8. On 23 September 2020, the DPC contacted the Respondent, outlining the Data Subject’s
complaint. On 22 October 2020, the Respondent replied directly to the Data Subject, and
provided a copy of this correspondence to the DPC. The Respondent apologised to the Data
Subject and explained that its Customer Service department had focused on the refund
request contained in the Data Subject’s correspondence rather than on the access request.
The Respondent enclosed the Data Subject’s requested personal data with its
correspondence.
9. On 7 April 2021, the DPC wrote to the Data Subject via the Recipient SA outlining the
information provided by the Respondent. When doing so, the DPC noted that the Respondent
indicated that it had now provided the Data Subject with their personal data, and that their
request for a refund is a customer service issue and not a data protection matter. In the
circumstances, the DPC asked the Data Subject to notify it, within two months, if he/she 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.
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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 06/2022, 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 06/2022, 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:
_____________________________
Sandra Skehan
Deputy Commissioner
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