In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Complaint Reference Number:
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 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 12 MAY 2022
Dated the 14th day of April 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 24 May 2018, (“the Data Subject”) lodged a complaint pursuant to Article 77
GDPR with the Autorité de la protection des données - Gegevensbeschermingsautoriteit (“the
Recipient SA”) concerning Google Ireland Limited (“the Respondent”). This complaint was
submitted in anticipation of the coming into force of the GDPR on 25 May 2018.
2. In circumstances where the Data Protection Commission (“the DPC”) was deemed to be the
competent authority for the purpose of Article 56(1) GDPR, the Recipient SA transferred the
complaint to the DPC on 26 April 2019.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject had previously made a number of requests to the Respondent for
access to their personal data before the entry into force of the GDPR. This included
requests on 7 November 2017 and 30 March 2018, respectively. However, the Data
Subject was not satisfied with the response of the Respondent.
b. With the entry into force of the GDPR on 25 May 2018, the Data Subject submitted an
access request pursuant to Article 15 GDPR and an erasure request pursuant to Article
17 GDPR to the Respondent on 28 May 2018. The Data Subject also submitted an
objection to processing request.
c. The Respondent stated that it was unable to action the request, as it could not verify
that the Data Subject was the owner of the account at issue. The Data Subject was
not satisfied with the Respondent’s response.
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 (via the Recipient SA) and Respondent in relation
to the subject-matter of the complaint. On 30 October 2019, the DPC outlined the Data
Subject’s complaint to the Respondent. Following engagement with the Respondent, it was
established that the Respondent required the Data Subject to verify themselves as the owner
of the secondary email address which they had previously submitted their requests through,
which was a different email address from the one that was associated with the Data Subject’s
account. The Respondent confirmed to the DPC that the account the Data Subject sought
access to had been deleted, and therefore it only held residual data in relation to that account.
8. Following further engagement with the DPC and the Data Subject via the Recipient SA, the
Respondent informed the DPC on 14 August 2021 that it had determined that the Data
Subject’s secondary email address was an alternative email that had been associated with
their account. Consequently, the Respondent confirmed to the DPC that it would be able to
provide the Data Subject with a copy of the residual data retained following the deletion of
their account.
9. The Data Subject subsequently outlined further concerns in relation to the Respondent’s
processing of their personal data prior to the deletion of their account. Following further
engagement with the DPC, the Respondent provided a response to the Data Subject, and
subsequently confirmed to the DPC that it had provided the Data Subject with a copy of their
residual data.
10. On 29 December 2021, the DPC wrote to the Data Subject via the Recipient SA, outlining the
Respondent’s actions in relation to their complaint. In the circumstances, the DPC asked the
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Data Subject to notify it, within two months, if they were not satisfied with the outcome, so
that the DPC could take further action. On 23 August 2022 the Recipient SA confirmed that it
had issued the DPC’s correspondence to the Data Subject. The DPC did not receive any further
communication from the Data Subject and, accordingly, the complaint has been deemed to
have been amicably resolved.
11. On 10 March 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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