In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Berliner Beauftragte für
Datenschutz und Informationsfreiheit (Berlin DPA) pursuant to Article 77 of the General Data
Protection Regulation, concerning Ryanair DAC
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
Background
1. On 7 April 2021, (“the Data Subject”) lodged a complaint pursuant to Article
of the 77 of the GDPR with the Berliner Beauftragte für Datenschutz und Informationsfreiheit
(“the Recipient SA”) concerning Ryanair DAC (“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 7 January 2022.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject stated they had contacted the Respondent on 14 January 2021 with
a request for erasure of their personal data, in particular a copy of their ID, which was
stored on the Respondent’s servers.
b. The Respondent replied to the Data Subject stating that the request to delete all of
their personal data needed to be completed by following a URL link, which they
provided with their response.
c. As the Data Subject was not satisfied with the response received from the Respondent
regarding the concerns raised, the Data Subject 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).
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 and Respondent, via the Recipient SA, in relation
to the subject matter of the complaint. Further to that engagement, the Respondent noted,
that according to their records the Data Subject’s erasure request was made on 26 December
2020, and not on 14 January 2021 as stated by the Data Subject. The Respondent also advised
that following this erasure request, on 30 December 2020, the Respondent provided the Data
Subject with a link to effect the deletion of their data. According to the Respondent, on 5
January 2021, the Data Subject accessed the link and was successful in deleting their data
associated with their account.
8. The DPC provided this information to the Data Subject, via the Recipient SA, on 8 November
2022, seeking their views on whether the actions taken by the Respondent were sufficient in
amicably resolving the complaint. In this correspondence, the DPC requested a reply, within a
stated timeframe.
9. The Recipient SA forwarded the DPC’s correspondence to the Data Subject on 22 November
2022. On 14 December 2022, the Recipient SA advised that to date no response had been
received from the Data Subject.
10. On 12 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.
11. On 17 January 2023, the Recipient SA acknowledged receipt of the DPC’s 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