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 Österreichische
Datenschutzbehörde (Austria 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 12 MAY 2022
Dated the 6th day of April 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 5 May 2021, (“the Data Subject”) lodged a complaint pursuant to Article
77 GDPR with the Österreichische Datenschutzbehörde (“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) GDPR, the Recipient SA transferred the
complaint to the DPC on 10 May 2021.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on 15 January 2021 requesting access to
their personal data.
b. The Data Subject did not receive any response from the Respondent.
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
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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 19 August 2021, the DPC outlined the complaint
to the Respondent asking it to complete the Data Subject’s access request. The DPC asked the
Respondent to outline the reasons for the delay in responding to the initial access request.
8. On 27 August 2021, the Respondent wrote to the DPC, noting that it required additional
information in order to fully investigate the complaint. The Respondent asked for the e-mail
that was used when submitting the access request along with any other e-mail addresses
associated with the Data Subject’s account. The Respondent noted that the ID provided along
with the complaint documentation was not of suitable quality and asked that the Data Subject
provide a higher resolution copy of an ID.
9. The DPC engaged with the Data Subject via the Recipient SA. In its correspondence to the Data
Subject, the DPC outlined the request that it had received from the Respondent. Following
this request for additional information, the DPC received a response from the Data Subject via
the Recipient SA on 15 February 2022. The DPC provided the Respondent with the requested
details on 25 February 2022.
10. On 11 March 2022, the Respondent wrote to the DPC noting that following further
investigation it was unable to locate the Data Subject’s access request of 15 January 2021,
however the Respondent further noted that it had now reached out to the Data Subject
directly to facilitate their access request and reply to their specific questions. The Respondent
subsequently provided the DPC with a copy of its response to the Data Subject, wherein they
provided them with a copy of their personal data and responded to their specific queries.
11. Subsequently the DPC wrote to the Data Subject outlining the substance of the
correspondence received from the Respondent. In the circumstances, the DPC asked the Data
Subject to notify it, within two months, if they were not satisfied with the outcome, so that
the DPC could take further action. The DPC did not receive any further communication from
the Data Subject and, accordingly, the complaint has been deemed to have been amicably
resolved.
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12. On 2 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.
13. 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
14. 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.
15. 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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