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 (Poland DPA) pursuant to Article 77 of the General Data Protection Regulation,
concerning MTCH Technology Services Limited
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
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Background
1. On 9 February 2023, (“the Data Subject”) lodged a complaint pursuant to
Article 77 of the GDPR with the Urząd Ochrony Danych Osobowych (“the Recipient SA”)
concerning MTCH Technology Services Limited (“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 27 February 2023.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject emailed the Respondent on 8 February 2023 to note they were
experiencing difficulty with deleting their account. The Respondent replied on the
same day to advise that upon review, it appeared that the Data Subject had
successfully deleted their account, confirming that there was no account associated
with the email address the Data Subject used to contact the Respondent. The Data
Subject responded by sharing the error message they received when deleting their
account.
b. The Respondent replied to the Data Subject on 9 February 2023, to advise it could
offer no further support.
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. Upon assessment of this complaint, the DPC noted in the Data Subject’s request to the
Recipient SA, they referred to more than one account on the Respondent’s platform. As such,
the DPC noted that it did not have documentation relating to the erasure requests of the
additional accounts. On 13 April 2023, the DPC requested this information from the Data
Subject via the Recipient SA. On 6 June 2023, the Recipient SA provided the DPC with the
requested documentation.
8. The DPC engaged with both the Data Subject (via the Recipient SA) and Respondent in relation
to the subject matter of the complaint. The DPC first contacted the Respondent on 6 July 2023.
Further to that engagement, it was established that the Respondent only took action on the
erasure request on the account that was associated with the email address the Data Subject
communicated through, in order for the Respondent to be able to verify the Data Subject was
the account owner. The Respondent confirmed to the DPC that three of the Data Subject’s
email addresses had been associated with closed accounts. The Respondent further advised
that it had no record of an account associated with the remaining email address. The
Respondent confirmed that it retained limited personal data in line with its retention policy
and confirmed to the DPC the dates this remaining personal data would be deleted.
9. On 14 August 2023, the DPC’s letter outlining the information provided by the Respondent as
part of the amicable resolution process issued to the Recipient SA, for onward transmission
to the Data Subject. When doing so, the DPC noted that the dispute between the Data Subject
and Respondent appeared to have been resolved. 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.
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10. On 31 October 2023, the Recipient SA confirmed to the DPC, that no response had been
received from the Data Subject.
11. On 7 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.
12. 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
13. 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.
14. 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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