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 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 April 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 27 December 2021, (“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 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 28 April 2022.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject initially contacted the Respondent on 19 December 2021, in relation
to their inability to access their Tinder account. In the course of further
correspondence with the Respondent, on 20 December 2021, the Data Subject
requested the erasure of their data from the Respondent’s platform. On 23 December
2021, the Data Subject submitted an Article 17 erasure request, seeking to have all
their data deleted.
b. The Respondent replied to the Data Subject by email on 22 December 2021, stating
that their profile would remain suspended, as it had detected inappropriate
behaviour, which was in violation of the Respondent’s Terms of Use and Community
Guidelines. Tinder also communicated with the Data Subject on 26 December 2021
and 11 January 2022, confirming its decision not to delete the personal data in
question. In its response, the Respondent also confirmed that as the account had
been suspended, it had taken steps to remove the account from being visible on the
platform.
c. As the Data Subject was not satisfied with the responses 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
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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).
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, it was established that
the Respondent had suspended the Data Subject’s account and following this suspension, it
had retained the Data Subject’s personal data. According to the Respondent, the retention of
this data was in line with the Respondent’s data retention policy. In the circumstances, the
Respondent agreed to take the following action:
a. The Respondent agreed to conduct a fresh review of the Data Subject’s suspension.
Following this review, the Respondent chose to lift the suspension. By lifting the
suspension, this action provided the Data Subject with access to their account and the
ability to self-delete the account, should they still wish to do so.
b. The Respondent communicated the outcome of their review to the DPC on 20 October
2022. and also informed the Data Subject directly of the actions taken.
8. On 1 November 2022, the DPC’s letter outlining the actions taken by the Respondent as part
of the amicable resolution process issued to the Recipient SA, for onward transmission to the
Data Subject. In its correspondence to the Data Subject, the DPC requested that the Data
Subject notify it, within a specified timeframe, if they were not satisfied with the actions taken
by the Respondent, so that the DPC could take further action.
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9. On 30 November 2022, the Data Subject contacted the Recipient SA, thanking them and
advised that the problem was solved. On 12 January 2023, the Recipient SA informed the DPC
of this update.
10. On 31 January 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.
11. On 6 February 2023, the Recipient SA confirmed receipt of the DPC correspondence, which
had advised that the complaint was deemed withdrawn.
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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