In the matter of the General Data Protection Regulation
DPC Complaint Reference:
In the matter of a complaint, lodged by with the Data Protection Commission
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 1st day of December 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 17 April 2023, (“the Data Subject”) lodged a complaint pursuant to Article
77 of the GDPR with the Data Protection Commission (“the DPC”) concerning LinkedIn Ireland
UC (“the Respondent”).
2. The DPC was deemed to be the competent authority for the purpose of Article 56(1) of the
GDPR.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on 13 April 2023, to request access to
their account that appeared to be under temporary suspension. The Data Subject also
questioned whether their account had been scraped, as the settings on their account
did not allow their data to be shared with any third parties.
b. The Respondent replied to the Data Subject’s correspondence on 14 April 2023,
advising that it had placed a temporary restriction on their account as a result of
possible unauthorised access. In addition, the Respondent advised the Data Subject
that in order for them to regain access to their account, they would need to verify that
they are its rightful owner, by submitting a copy of a government issued ID or signing
a specific form before a Notary Public or Public Official. Following this, on 17 April
2023, the Respondent provided further information in relation to the data scraping
and advised them of steps in order to keep their account safe, such as two-factor
authentication and implementing strong passwords.
c. As the Data Subject was not satisfied with the response received from the
Respondent, they lodged a complaint with the DPC.
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:
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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
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 and Respondent in relation to the subject matter
of the complaint. Further to that engagement, on 13 September 2023, the Respondent
advised the DPC of the following:
a. The Data Subject’s account had been restricted on 12 April 2023, following suspicious
login activity, which included a password change and a login attempt from a different
IP address than the one associated with the account. This restriction was applied to
the Data Subject’s account as a preventative measure. The Respondent clarified that
the restriction was now lifted and it issued an apology to the Data Subject for the
delay and the inconvenience caused in responding to their request.
b. The Respondent stated that it does not sell or share its members personal data with
third parties, unless an individual member chooses to do so themselves.
c. The Respondent clarified that it did not believe the Data Subject was affected by the
data scraping mentioned in their complaint. The Respondent further stated that the
Data Subject had shared their profile information with third parties themselves,
including their email address, when they were using the Respondent’s platform.
8. On 19 September 2023, the DPC wrote to the Data Subject seeking their views on the action
taken by the Respondent and requesting that the Data Subject notify it, within a specified
timeframe, if they were not satisfied with the action taken by the Respondent, so that the DPC
could investigate the matter further. On the same day, the Data Subject responded advising
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that the Respondent had restored access to their account, and confirmed that this complaint
could be considered closed. The Data Subject thanked the DPC for its help in getting this
matter resolved.
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
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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