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 French Data Protection Authority, the
Commission Nationale de l'Informatique et des Libertés, 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 29th day of May 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 18 March 2019, (“the Data Subject”) lodged a complaint pursuant to Article 77
GDPR with the French Data Protection Authority, the (Commission Nationale de
l'Informatique et des Libertés (“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 5 June 2020.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on 25 January 2019 requesting, pursuant
to Article 17 GDPR, the delisting of a number of URLs appearing in its search engine
which related to a criminal conviction.
b. The Respondent refused the request on the grounds that it had determined that the
public’s interest in having access to the relevant information outweighed the Data
Subject’s private interest in this case.
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 the Respondent in
relation to the subject-matter of the complaint. On 7 July 2022 (there having been some delay
as the DPC awaited responses from the Data Subject to a number of preliminary queries it had
raised), the DPC wrote to the Respondent and outlined the complaint.
8. The DPC noted that the Data Subject was seeking the delisting of five URLs linking to articles
in two French newspapers and which related to the Data Subject’s criminal offence and
conviction. The Data Subject was convicted in 1997 and had served a 6 month custodial
sentence as well as an eighteen month suspended sentence. The articles in question were
published in 1995 and 1999, respectively. The DPC further noted the Data Subject’s assertions
as to the ongoing detrimental effects the availability of this information was having on their
physical and mental health, as well as on their children.
9. On 21 July 2022, the Respondent confirmed to the DPC that it had previously agreed to block
two URLS at the time of the initial request and that the new links in fact represented new
search terms and URLs not submitted to the Respondent before. Nonetheless, the
Respondent confirmed that it would now delist these new URLs as requested and also agreed
to delist the previously-submitted URLs against the new search terms.
10. On 2 August 2022, the DPC sent a letter to the Recipient SA for the attention of the Data
Subject. In its letter, the DPC set out the Respondent’s replies above and explained the actions
the Respondent had agreed to take. The DPC further noted that, as the URLs which were the
subject matter of the complaint had now been delisted, the dispute between the Data Subject
and the Respondent appeared to have been resolved. 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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11. On 21 April 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.
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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