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 Berliner Beauftragte für Datenschutz und
Informationsfreiheit (Berlin DPA) pursuant to Article 77 of the General Data Protection Regulation,
concerning TikTok Technology 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 6th day of July 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 2 December 2021, (“the Data Subject”) lodged a complaint pursuant to Article
77 GDPR with Berliner Beauftragte für Datenschutz und Informationsfreiheit (“the Recipient
SA”) concerning TikTok Technology 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 16 May 2022.
The Complaint
3. The details of the complaint were as follows:
a. On 21 October 2021, the Data Subject, via their lawyer, submitted an access request
to the Respondent pursuant to Article 15 GDPR.
b. The Data Subject stated that no response was received to the request and submitted
a complaint to the Recipient SA on 2 December 2021.
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 21 November 2022, the DPC wrote to the
Respondent to formally commence its investigation into the complaint, and requested the
Respondent address the concerns raised.
8. In its response of 19 December 2022, the Respondent explained that it had responded to the
access request on 10 November 2021 and provided the DPC with a copy of this response. The
Respondent explained that, from the wording of the request, it was not readily apparent that
the Data Subject was requesting access to their personal data but rather that they were
requesting information about how their data was processed. As such, the Respondent
responded to the request as a request for information.
9. The Respondent explained that, on 14 December 2022 and on foot of the DPC’s investigation,
the Respondent wrote to the Data Subject via email to explain the above and provided a copy
of its response of 10 November 2021. The Respondent advised the Data Subject how they
could access their data via the TikTok app. Alternatively, the Respondent invited the Data
Subject to respond directly to its email and it would attend to the request without delay.
10. On 18 January 2023, the DPC wrote to the Data Subject via the Recipient SA in relation to the
Respondent’s response above. In its letter, the DPC noted the clarifications provided by the
Respondent and that the Data Subject’s concerns regarding access to their data appeared to
have been addressed. In the circumstances, the DPC asked the Data Subject to notify it, within
a specified timeframe, if they were not satisfied with the outcome, so that the DPC could take
further action.
11. The Recipient SA confirmed to the DPC that this correspondence was sent to the Data Subject
on 25 January 2023. On 7 March 2023, the Recipient SA confirmed to the DPC that no response
had been received from the Data Subject.
12. On 24 May 2023, 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 2018 Act and that it would conclude the case and inform the Respondent.
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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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