In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Autorité de la protection des
données - Gegevensbeschermingsautoriteit (Belgium 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 21st day of December 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
1
Background
1. On 9 May 2022, (“the Data Subject”) lodged a complaint pursuant to Article
77 of the GDPR with the Autorité de la protection des données -
Gegevensbeschermingsautoriteit (“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 June 2022.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on 12 April 2022, requesting erasure of a
copy of their ID that they uploaded to the Respondent’s website as part of an identity
check when trying to use their platform, pursuant to Article 17 of the GDPR.
b. On 18 April 2022, the Respondent replied to the Data Subject advising them that their
request had not been received. Following this, on 20 April 2022, the Respondent
provided further communication to the Data Subject, advising them that once a user
raises a deletion request through its portal, they will then receive a confirmation
regarding the deletion.
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
2
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 advised
that when the Data Subject requested deletion of the copy of their ID, their request was
initially misunderstood. However, the Respondent confirmed that, on 10 May 2022, the copy
of the Data Subject’s ID was deleted from the Respondent’s systems, but, due to an internal
error, the Data Subject was not informed of the deletion at the time. The Respondent
expressed its apologies for any inconvenience caused to the Data Subject by this oversight.
8. The DPC continued to engage with both the Data Subject, via the Recipient SA, and the
Respondent in order to bring about an amicable resolution to the complaint.
9. Following further engagement with the Respondent, on 13 March 2023, the Respondent
confirmed that the issues, which prevented the initial request submitted by the Data Subject
from being properly addressed, were now identified and remedied. In addition, in the spirit of
an amicable resolution, the Respondent also offered the Data Subject a gesture of goodwill,
in recognition of poor service received by the Data Subject regarding this matter.
10. The DPC forwarded this information to the Data Subject, via the Recipient SA, on 5 April 2023,
seeking their views on the information provided by the Respondent. This correspondence
requested that the Data Subject notify the DPC 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.
11. As no response was received to this amicable resolution letter, the DPC requested that the
Respondent convey the amicable resolution proposal directly to the Data Subject, in a final
effort to amicably resolve this complaint. On 7 July 2023, the Respondent confirmed to the
3
DPC that it communicated the amicable resolution proposal to the Data Subject directly, as
requested by the DPC. Following this, on 20 July 2023, the DPC was informed by the
Respondent that the Data Subject was agreeable to the amicable resolution proposal.
12. On 9 November 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.
13. 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
14. 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.
15. 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
4