In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Commission Nationale de
l'Informatique et des Libertés (France DPA) pursuant to Article 77 of the General Data Protection
Regulation, concerning Google Ireland 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 14th day of April 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
1
Background
1. On 17 February 2020, (“the Data Subject”) lodged a complaint pursuant to
Article 77 of the GDPR with the Commission Nationale de l'Informatique et des Libertés (“the
Recipient SA”) concerning Google Ireland 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 9 February 2022.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject initially emailed the Respondent on 09 January 2020, lodging an
Article 17 GDPR erasure request to have content that was uploaded by a third party
user, which contained the Data Subject’s personal data, removed from the
Respondent’s YouTube platform.
b. The Respondent rejected the request for erasure on the basis that it did not deem the
posted content to be in violation of their privacy guidelines.
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
b. The nature of the complaint (in this case, an unsuccessful attempt by the Data Subject
to exercise their data subject rights).
2
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 6 May
2022. Further to that engagement, the Respondent advised that they had further reviewed
the complaint and following this review, remained of the view that the videos should not be
removed from the platform. The Respondent provided further information in respect of their
stance that the content did not meet any grounds for removal from their platform.
a. In this regard, the Respondent noted that the content in question portrayed the Data
Subject participating in a number of videos in which they are depicted as the main
singer, or one of the main singers within each of the videos.
b. The Respondent further noted that the videos in question were uploaded by the other
singer depicted in the videos, who has a right to freedom of expression through this
medium.
c. As the Data Subject was still active within the music profession, the content was
deemed to be of public interest and artistic values.
8. The DPC’s letter outlining the information provided by the Respondent as part of the amicable
resolution process issued to the Data Subject on 26 August 2022 via the Recipient SA. In its
correspondence, the DPC requested that the Data Subject 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. On 23 November 2022, the Recipient SA confirmed
that no response had been received from the Data Subject.
9. On 30 November 2022, 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.
3
10. On 16 December 2022, the Recipient SA acknowledged receipt of this correspondence.
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
4