In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Urząd Ochrony Danych Osobowych
(Polish Personal Data Protection Office) pursuant to Article 77 of the General Data Protection
Regulation, concerning LinkedIn 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 28 July 2021, (“the Data Subject”) lodged a complaint pursuant to Article 77
GDPR with the Polish Personal Data Protection Office (“the Recipient SA”) concerning LinkedIn
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 2 March 2022.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on 27 July 2021, requesting the erasure
of their account, and all associated personal data, pursuant to Article 17 of the GDPR.
b. On the same day, by way of return correspondence, the Respondent informed the
Data Subject that it was unable to delete their information or close their account, as
the account had been restricted for breaching its terms of service.
c. As the Data Subject was dissatisfied with the response from the Respondent, they
raised a concern with the Recipient SA and confirmed that their desired resolution to
the matter was the erasure of their personal data.
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, the Respondent
confirmed to the DPC, on 21 July 2022, that it had removed the restriction on the account of
the Data Subject and as such, the Data Subject could schedule the deletion of their account at
any time, should they wish to do so. The Respondent further informed the DPC that it had
advised the Data Subject in this regard, and provided the DPC with a copy of the
correspondence issued directly to the Data Subject informing them of this.
8. The DPC’s letter outlining the actions taken by the Respondent as part of the amicable
resolution process issued to the Recipient SA on 2 August 2022. The Recipient SA thereafter
issued this correspondence to the Data Subject on 25 August 2022. In its correspondence to
the Data Subject, the DPC requested that the Data Subject notify it, within a stated timeframe,
if they were not satisfied with the actions taken by the Respondent, so that the DPC could
take further action. The Recipient SA confirmed to the DPC on 4 November 2022 that no
further communication had been received from the Data Subject.
9. 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
10. 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
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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.
11. 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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