In the matter of the General Data Protection Regulation
DPC Complaint Reference:
In the matter of a complaint, lodged by with the Data Protection Commission
pursuant to Article 77 of the General Data Protection Regulation, concerning Apple Distribution
International 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 5th day of May 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 25 March 2022, (“the Data Subject”) lodged a complaint pursuant to
Article 77 of the GDPR with the Data Protection Commission (“the DPC”) concerning Apple
Distribution International Limited (“the Respondent”).
2. The DPC was deemed to be the competent authority for the purpose of Article 56(1) of the
GDPR.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject emailed the Respondent on 18 March 2022 to request erasure of
their account and personal data.
b. In response, the Respondent provided the Data Subject with a link to the self-service
portal on the Respondent’s platform. The Respondent advised the Data Subject that
they could use this link to delete their data. The Data Subject replied to the
Respondent advising that they were unable to use the self-service portal as they could
not log into their account. This was due to the fact they could not remember the
answers they had previously provided to the security questions. In response, the
Respondent informed the Data Subject they could not delete the account, as they
could not verify the identity of the account holder.
c. The Data Subject was not satisfied with the Respondent’s response and made a
complaint to the DPC.
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
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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 in relation to the subject matter
of the complaint. The DPC first engaged with the Respondent on 20 June 2022. Further to
that engagement, on 30 June 2022 the Respondent advised the DPC that it could not offer an
alternative method to verifying the Data Subject was the owner of the account, without
compromising its security measures. This was due to the fact the Data Subject had not
provided the necessary information to demonstrate their entitlement to access the
information on the account. The DPC engaged further with the Respondent setting out criteria
that the Respondent could consider in relation to the erasure of account. In the circumstances,
the Respondent agreed to take the following action:
a. The Respondent agreed to review their position on deletion requests in the context
of where a user is unable to access their account.
b. To consider what additional supports would be enough to enable users in specified
circumstances to have their request processed without compromising the
Respondent’s security obligations.
8. On 12 August 2022, the Respondent informed the DPC that it was continuing to review the
complainant’s account in a bid to help the complainant regain access to their account. On 27
October 2022, the Respondent informed the DPC that following this review, the Respondent
noted recent activity on the account and that two-factor authentication had been enabled on
the account.
9. On 21 December 2022, the Respondent informed the DPC that they were of the view that the
owner of the account had regained control of the account due to the recent activity on the
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account. As a result, the Respondent noted that should the Data Subject wish to erase
their account, given that they had access to the account, they could do so through the
self-service portal.
10. The DPC wrote to the Data Subject on 31 January 2023, providing a detailed overview of the
DPC’s engagement with the Respondent on the matter. This correspondence outlined the
Respondent’s view that the owner of the account appeared to have regained access to the
account and therefore could delete it through the self-service portal, if they so wished. In the
circumstances, the DPC asked the Data Subject to notify it, within a specified timeframe, if
they were not satisfied with the information provided, 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.
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
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