In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Berliner Beauftragte für
Datenschutz und Informationsfreiheit (Berlin DPA) 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 1st day of December 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 24 June 2021, (“the Data Subject”) lodged a complaint pursuant to Article
77 of the GDPR with the Berliner Beauftragte für Datenschutz und Informationsfreiheit (“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) of the GDPR, the Recipient SA transferred
the complaint to the DPC on 9 August 2021.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on 17 June 2021, requesting erasure of
their account and all personal data concerning them, pursuant to Article 17 of the
GDPR.
b. The Respondent replied to the Data Subject on 19 June 2021, advising them that in
order for it to comply with their erasure request, the Data Subject would need to
verify their identity by sending a copy of their official identification, such as driving
license or a passport, to the Respondent.
c. As the Data Subject was not satisfied with the response received from the
Respondent, they 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. Prior to this engagement with the Respondent, the
DPC had sought clarity from the Data Subject, via the Recipient SA, regarding the subject
matter of the complaint. Following receipt of additional correspondence, the DPC engaged
with the Respondent. Further to that engagement, on 30 August 2022, the Respondent
requested that the Data Subject verify their identity in accordance with legitimate interests of
safeguarding its platform. The Respondent noted that the Data Subject should have been
directed to its self-service tool in order to delete their account, but due to an error, the Data
Subject was not made aware of this tool. The Respondent further indicated that the Data
Subject could use the self-service tool now if they wished, or, alternatively, the Respondent
could proceed to delete the Data Subject’s account manually if they were agreeable to this.
8. On 28 September 2022, the DPC wrote to the Data Subject, via the Recipient SA, providing
them with this information and requesting that they notify the DPC within a stated timeframe,
if they wished to proceed with the Respondent’s suggested amicable resolution proposal.
9. On 22 December 2022, the Data Subject replied to the DPC, via the Recipient SA, advising that
they wished for the Respondent to proceed with the deletion of their account and personal
data. The Data Subject also wished to be informed once the erasure was complete.
10. The DPC continued to engage with both the Data Subject and the Respondent in order to bring
about an amicable resolution to the complaint.
11. Following this further engagement, on 25 April 2023, the Respondent confirmed that the
deletion of the Data Subject’s account and all personal data was now completed and provided
evidence confirming this deletion. In addition, in the spirit of an amicable resolution, the
Respondent also offered the Data Subject a gesture of goodwill.
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12. The DPC forwarded the amicable resolution offer to the Recipient SA, for onward transmission
to the Data Subject on 2 June 2023. Within this correspondence, the DPC noted that the Data
Subject’s account and personal data had been deleted by the Respondent. The DPC also
requested the Data Subject to notify it, within a stated timeframe, if they were not satisfied
with the action taken by the Respondent, so that the DPC could investigate the matter further.
Following this, on 7 June 2023, the Recipient SA confirmed that this letter was issued to the
Data Subject.
13. On 22 June 2023, the DPC was informed, via the Recipient SA, that the Data Subject was
agreeable to the amicable resolution proposal and that the case can be closed.
14. On 28 September 2023, 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.
15. 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
16. 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.
17. 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:
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_____________________________
Deputy Commissioner
Data Protection Commission
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