In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Agencia Española de
Protección de Datos (Spain DPA) pursuant to Article 77 of the General Data Protection Regulation,
concerning Google Ireland 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 7th day of July 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 13 February 2020, (“the Data Subject”) lodged a complaint pursuant
to Article 77 of the GDPR with the Agencia Española de Protección de Datos (“the Recipient
SA”) concerning Google Ireland 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) of the GDPR, the Recipient SA transferred
the complaint to the DPC 20 March 2020.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent requesting the erasure of personal data
concerning them in two blog posts, that had been uploaded to the Respondent’s
Blogger platform by a third party user.
b. On 30 January 2020, the Respondent provided a reply to the Data Subject stating that
they would not be taking any action in relation to the content, as it did not appear to
violate their policies.
c. As the Data Subject was not satisfied with the response received from the
Respondent, they lodged a complaint with the Recipient SA.
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 his/her 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. The DPC first contacted the Respondent regarding this
complaint on 9 April 2020. Further to that engagement, on 24 April 2020, the Respondent
advised that they would not be in a position to remove the content in question, as it does not
seem to contain any illegal activity or information.
8. Over the course of the handling of the complaint, the DPC maintained regular contact with
the Data Subject to keep them informed of the progression and status of their complaint, and
with the Respondent in order to bring about an amicable resolution to the complaint.
9. Following further engagement with the Respondent, on 29 June 2022, the Respondent
confirmed that they had reassessed the issue and had restricted access to the first blog post.
The Respondent also noted that the Data Subject was not mentioned or referred to within the
second post with any degree or specificity, and that the likelihood of identification of the Data
Subject from the second post was even further reduced since the first blog post was now
restricted. Furthermore, the Respondent advised that restricting access meant that the
Respondent had taken steps to block from view the content in question from its Blogger
platform in Spain, which is where the Data Subject was based.
10. On 8 August 2022, the DPC forwarded this information to the Recipient SA, for onward
transmission to the Data Subject seeking their views on the action taken by the Respondent
and stating that the DPC’s understanding of restricting access to content meant that it was no
longer accessible in Spain. The DPC also requested the Data Subject to notify it, within a stated
timeframe, if they were not satisfied with the outcome, so that the DPC could take further
action. On 23 February 2023, the Recipient SA confirmed to the DPC, that no response had
been received from the Data Subject.
11. On 23 February 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
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Respondent. On 1 March 2023, the Recipient SA confirmed receipt of the DPC
correspondence, which had advised that the complaint was deemed withdrawn.
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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