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 German Federal Data Protection
Authority pursuant to Article 77 of the General Data Protection Regulation, concerning WhatsApp
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 6th 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 German Federal Data Protection Authority (“the Recipient SA”) concerning WhatsApp
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 13 May 2019.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent requesting access to their personal data.
The Data Subject did not wish to use the Respondent’s self-service tools to access
their personal data, as they had stopped using the Respondent’s app and did not want
to accept their Terms of Service to continue using their accounts, or to access their
personal data.
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 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).
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
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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 could not locate any personal data relating to the Data Subject, other than
the correspondence related to their complaint. In the circumstances, the Respondent took
the following actions:
a. the Respondent engaged with the DPC regarding how the Data Subject could verify
their ownership of the accounts at issue, in order to be provided with their personal
data; and
b. after conducting a search, the Respondent confirmed to the DPC it could not locate
any information in relation to the Data Subject, other than the correspondence
related to their complaint. The Respondent noted that this was likely the result of the
Data Subject deleting their accounts, or their accounts becoming inactive and
subsequently being deleted as a result of the Respondent’s retention policy.
8. On 22 April 2020, the DPC outlined the Data Subject’s complaint to the Respondent. On 7 May
2020, the Respondent informed the DPC that it had been unable to fulfil the Data Subject’s
access request, as they had not provided the necessary proof of ownership of the phone
numbers associated with the accounts at issue. The DPC subsequently engaged in a series of
correspondence with both the Data Subject and the Respondent, in order to facilitate the Data
Subject’s verification of ownership of the mobile numbers associated with the accounts at
issue.
9. On 22 October 2021, the DPC wrote to the Data Subject again via the Recipient SA, providing
them with a summary of their complaint to date. The DPC noted it had provided the
Respondent with the proof of ownership of the mobile phone numbers at issue, which had
been provided by the Data Subject, and requested it to conduct a new search for any personal
data relating to the Data Subject. The DPC noted that it had informed the Respondent that
the Data Subject considered the provided verification information to be sufficient. The DPC
explained to the Data Subject that the Respondent had stated that the additional verification
documents provided by the Data Subject did not prove the current ownership of the mobile
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numbers at issue. However, in the interests of amicably resolving the Data Subject’s
complaint, the Respondent had decided to forgo the information verification requirement,
and confirmed to the DPC that it could not locate any information relating to the Data Subject,
other than the correspondence related to their complaint. The Respondent noted that this
was likely the result of the Data Subject deleting their accounts, or their accounts becoming
inactive and subsequently being deleted as a result of the Respondent’s retention policy. 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 the Data Subject and, accordingly, the complaint
has been deemed to have been amicably resolved.
10. On 12 April 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.
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Signed for and on behalf of the DPC:
_____________________________
Deputy Commissioner
Data Protection Commission
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