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 MTCH Technology
Services Limited
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 ON 12 MAY 2022)
Dated the 4th day of November 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 31 December 2021, (“the Data Subject”) lodged a complaint pursuant to
Article 77 GDPR with the Data Protection Commission (“the DPC”) concerning MTCH
Technology Services Limited (“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 emailed the Respondent on 28 December 2021 seeking the full
erasure of their personal data from the Respondent’s platform under Article 17 GDPR.
b. In response to this request, the Respondent directed the Data Subject to the
platform’s in-app tool. The Respondent advised the Data Subject that by using this in-
app tool, they could begin the deletion process of their personal data.
c. The Data Subject was not satisfied with the response received from the Respondent,
as they had reservations as to whether this process would be sufficient to obtain the
full erasure of their data. On this basis, 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 referred to it, 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 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 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 the Data Subject and Respondent in relation to the subject matter of
the complaint. Further to that engagement, on 22 June 2022, the Respondent confirmed to
the DPC that the Data Subject had already utilised the in-app tool and deleted their account,
which resulted in the erasure of their personal data. The Respondent further confirmed that
this action occurred prior to the DPC commencing the complaint with the Respondent.
8. Following receipt of this correspondence from the Respondent, the DPC wrote to the Data
Subject on 06 July 2022, confirming that their data had now been deleted. In the
circumstances, the DPC asked the Data Subject to notify it, within the specified timeframe, if
they were not satisfied with the outcome, so that the DPC could consider the matter further.
9. The DPC can confirm that no response has been received from the Data Subject in relation to
this.
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.
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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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