In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Agencia Española de
Protección de Datos (Spain 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 19th day of May 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. (“the Data Subject”) lodged a complaint pursuant to Article 77 of
the GDPR with the Agencia Española de Protección de Datos (“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 8 September 2022.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent to report that an account they discovered
on the Respondent’s platform on 19 February 2022, created by a third party user, was
using the Data Subject’s image as the profile picture without their permission. The
Data Subject requested that their image to be removed from the alleged imposter
account.
b. The Respondent replied that it did not find any irregularity on the reported account
and as such it did not take any action.
c. As the Data Subject was not satisfied with the response received from the Respondent
regarding the concern raised, 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. The DPC first engaged with the Respondent on 4
October 2022. Further to that engagement, the Respondent advised the DPC that it had:
a) Conducted a fresh review of the subject matter of the complaint;
b) Following this review, it had established that the Respondent’s agents had
mishandled the request and failed to follow proper policies.
8. As part of the amicable resolution for this complaint, the Respondent removed the profile
picture in question. The Respondent also informed the third party user that had uploaded
the image that its use constituted a breach of the Respondent’s terms and policies, which may
result in their account being suspended. The Respondent also apologised to the Data Subject
for the inconvenience caused.
9. The DPC sent this information as an amicable resolution proposal to the Data Subject, via the
Recipient SA on 25 October 2022. In its correspondence to the Data Subject, the DPC asked
the Data Subject to notify it, within a specified timeframe, if they were not satisfied with the
information provided by the Respondent, so that the DPC could take further action. The
Recipient SA confirmed that this letter issued to the Data Subject on 16 November 2022.
10. As the DPC did not receive any further communication from the Data Subject indicating their
rejection of this amicable resolution, on 11 January 2023, and in light of the foregoing, the
DPC wrote to the Recipient SA. In this correspondence, the DPC advised it 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.
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11. 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
12. 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.
13. 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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