In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Dutch Data Protection Authority
(Autoriteit Persoonsgegevens) pursuant to Article 77 of the General Data Protection Regulation,
concerning Airbnb Ireland UC
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 30th day of December 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 31 October 2019, (“the Data Subject”) lodged a complaint pursuant to Article
77 GDPR with the Autoriteit Persoonsgegevens (“the Recipient SA”) concerning Airbnb Ireland
UC (“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 10 February 2021.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on 13 July, 27 August and 25 October
2018, to request deletion of their data from the Respondent’s platform.
b. The Data Subject received several responses from the Respondent. In these
responses, the Respondent requested the Data Subject to verify their identity as the
owner of the relevant account. The Data Subject provided the Respondent with a
number of indicators that they were the owner of the account, such as the email
address and phone number associated with the account, and their Date of Birth as it
was on their profile. However, the Respondent did not comply with the Data Subject’s
request for the deletion of their personal data.
c. As the Data Subject was not satisfied with the lack of action taken by the Respondent,
the Data Subject lodged a complaint with the Recipient SA.
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
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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
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, the Respondent clarified
to the DPC that the Data Subject’s account had been deleted by it in November 2018 and that
the Data Subject had been informed of this. However, given the historical nature of the issue
and the fact that the account in question had been deleted, the Respondent requested further
time to fully review the matter.
8. On 23 June 2022, having reviewed the matter further, the Respondent confirmed that on foot
of the Data Subject’s request, the account had been deleted in November 2018, and only
certain limited residual account data had been retained. The Respondent advised that it relied
on legitimate interests for the retention of limited data.
9. On 4 July 2022, the DPC sent a letter advising the Respondent’s response with the actions
taken by the Respondent to the Recipient SA, for onward submission to the Data Subject. The
Recipient SA provided this letter to the Data Subject on 2 August 2022. In the circumstances,
the DPC asked the Data Subject to notify it, within a stated timeframe, if they were not
satisfied with the outcome so that the DPC could take further action. The Recipient SA
confirmed to the DPC on 13 October 2022 that no further communication had been received
from the Data Subject.
10. On 20 October 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.
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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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