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 Agencia Española de
Protección de Datos 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 18th day of July 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 25 October 2021, (“the Data Subject”) lodged a complaint pursuant
to Article 77 GDPR with the Agencia Española de Protección de Datos (“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 14 February 2022.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on 10 October 2022 and submitted a
delisting request pursuant to Article 17 GDPR. The Data Subject requested the
delisting of one URL from returning on the search engine Bing which linked to
information contained within the Spanish State Official Bulletin.
b. On 19 October 2021, the Respondent agreed to delist the complained-of URL.
However, the URL continued to be returned after a search of their name was
conducted.
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 identified in search results and the service provider responsible for
providing those search results); 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 20 May 2022, the DPC wrote to the Respondent
formally commencing its investigation and requesting the Respondent to address the
concerns raised. The DPC provided the Respondent with the complained of URL and requested
that it delist in accordance with the Data Subject’s request. The DPC further advised that the
Respondent should ensure that the URL in question was delisted against searches conducted
on the basis of the Data Subject’s name both with and without Spanish accent marks or
upper/lower cases being used in the search terms.
8. On 1 July 2022, the Respondent stated that the URL originally submitted by the Data Subject
had been accepted for delisting in line with its position on Spanish National ID numbers hosted
on government websites, as communicated to the DPC in respect of previous matters. The
Respondent noted that the URL identified in the DPC’s correspondence appeared to be slightly
different from the URL submitted in the Data Subject’s original request and, as such,
considered this to be a new request which should be submitted by the Data Subject using its
webform.
9. Following further engagement from the DPC, on 21 July 2022 the Respondent confirmed to
the DPC that it had accepted the new URL for delisting and the DPC informed the Data Subject
of same. On 11 August 2022, the Recipient SA informed the DPC that it had conducted a Bing
search against the Data Subject’s name and found that the complained-of URL was still
returning with a Spanish accent mark in the Data Subject’s first name.
10. On 17 August 2022, the DPC informed the Respondent of the Recipient SA’s findings and
requested that the complained of URL be delisted. In doing so, the DPC emphasised that the
spelling of the Data Subject’s name, both with and without Spanish accent marks, should be
included. On 1 September 2022, the Respondent confirmed to the DPC that it had accepted
the URL for delisting using the spelling variations of the Data Subject’s name.
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11. On 14 September 2022, the DPC conducted its own search for the Data Subject’s name and
noted that the URLs in question were no longer returning. As such, the subject matter of the
Data Subject’s complaint appeared to have been resolved. In the circumstances, the DPC
wrote to the Data Subject (via the Recipient SA) on 5 October 2022 and asked them to notify
it, within a specified timeframe, 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.
12. On 30 May 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.
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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