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 Bayerisches Landesamt für
Datenschutzaufsicht pursuant to Article 77 of the General Data Protection Regulation, concerning
Microsoft Ireland Operations 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 15th day of May 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. (“the Data Subject”) lodged a complaint pursuant to Article 77 GDPR
with the Bayerisches Landesamt für Datenschutzaufsicht (“the Recipient SA”) concerning
Microsoft Ireland Operations 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) GDPR, the Recipient SA transferred the
complaint to the DPC on 29 September 2020.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject’s complaint related to a delisting request submitted pursuant to
Article 17 GDPR. The Data Subject had commented on a YouTube video when they
were 15 years old, and although they had subsequently deleted both their comment
and their YouTube account, the video continued to be returned in a Bing search
against their name.
b. The Data Subject was not satisfied with the Respondent’s response to the delisting
request.
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).
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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 1 February 2021, the DPC outlined the Data
Subject’s complaint to the Respondent. On 15 February 2021, the Respondent responded to
the DPC and stated that it was unable to block the complained-of URL, as it was a search
engine results page (SERP). Subsequently, the DPC engaged in further communications with
the Respondent in an attempt to resolve the issues regarding the complained-of URL.
8. As a result of further engagement with the Respondent, it explained to the DPC that while the
video did not appear in Bing searches of the Data Subject’s name, when a search was
conducted in the video vertical within Bing, the video was still being returned. The Respondent
informed the DPC that it was working with its teams internally to block the content. The
Respondent further explained that typically when a delisting request is submitted it would be
blocked in both of these scenarios, but in this instance it was not.
9. On 1 April 2022, the DPC contacted the Data Subject via the Recipient SA. When doing so, the
DPC noted that it had conducted a Bing search against the Data Subject’s name on 10 March
2022 and it did not return the complained-of URL. 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. On 19 April 2022, the Data Subject contacted the DPC
via the Recipient SA agreeing to amicable resolution and informing the DPC that the complaint
can be closed.
10. On 10 August 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.
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.
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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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