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 Google
Ireland 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 12 MAY 2022
Dated the 2nd day of December 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 Austrian Data Protection Authority (“the Recipient SA”) concerning Google Ireland Limited
(“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 27 August 2020.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on 12 March 2020, requesting access to
their personal data, following receipt of an email from Respondent stating that it was
updating its Terms of Service. However, the Data Subject asserted that they did not
have an account with the Respondent.
b. The Data Subject was not satisfied with the Respondent’s response.
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
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 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 Data Subject in fact had an account with the Respondent, which was created in 2014. In
the circumstances, the Respondent took the following actions:
a. the Respondent conducted a search for personal data relating to the Data Subject;
and
b. the Respondent outlined the steps which the Data Subject could take to retrieve their
account, recover their data and delete the account, if they wish.
8. On 10 November 2020, the DPC outlined the Data Subject’s complaint to the Respondent. The
DPC noted that an online retrieval of the Data Subject’s personal data was likely impossible,
as the Data Subject asserted that they did not have an account with the Respondent, therefore
the Data Subject requested that their access request be actioned by mail. The DPC provided
the Respondent with the Data Subject’s two provided email addresses, a postal address and
phone number, to assist its investigation. On 23 November 2020, the Respondent informed
the DPC that it had responded to the Data Subject directly and provided the DPC with a copy
of its response.
9. On 29 April 2021, the DPC wrote to the Data Subject via the Recipient SA. The DPC informed
the Data Subject that the Respondent had provided it with a copy of the correspondence it
had issued to them directly. The DPC noted that the Respondent stated that it had in fact
located an account associated with the Data Subject’s email address, and that this account
had been created on 31 May 2014. The Respondent also set out the steps the Data Subject
could take to retrieve their account, recover their data and delete the account, if they wish.
The Respondent provided a link for the Data Subject to contact it directly if they had any
further questions regarding their complaint. In the circumstances, the DPC asked the Data
Subject to notify it, within two months, if they were not satisfied with the outcome, so that
the DPC could take further action. The DPC did not receive any further communication from
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the Data Subject and, accordingly, the complaint has been deemed to have been amicably
resolved.
10. On 21 February 2022, 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.
11. 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
12. 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.
13. 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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