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 Commission Nationale de
l'Informatique et des Libertés pursuant to Article 77 of the General Data Protection Regulation,
concerning MTCH Technology Services 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 4th day of September 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
Commission Nationale de l'Informatique et des Libertés (French SA) (“the Recipient SA”)
concerning MTCH Technology Services 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 12 May 2022.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject noticed that their Tinder account had been suspended and
requested that the Respondent provide the reasons for the suspension. As the
Respondent did not provide these reasons, the Data Subject submitted an access
request pursuant to Article 15 GDPR on 27 November 2021.
b. The Respondent failed to address the access request and, accordingly, the Data
Subject 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 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 17 January 2023, the DPC wrote to the Respondent
formally commencing its investigation and requesting that it address the concerns raised.
8. In its responses, the Respondent explained that, since the complaint was first made to the
Recipient SA, it had continued to engage with the Data Subject and that it had provided the
Data Subject with a link on 21 July 2022, through which they could verify themselves and
access their personal data. The Respondent also acknowledged the delay in responding to the
initial access request and apologised to the Data Subject. The Respondent explained that the
Data Subject initially had issues accessing their data. However, on 5 August 2022, the Data
Subject confirmed that they had successfully accessed their data.
9. Despite having received their personal data via the link provided, the Data Subject also wanted
to know the reasons why their account was suspended. The Respondent explained that it had
responded to the Data Subject on this point, stating that it could not provide any more
detailed information in that regard and directing the Data Subject to its Terms of Use (Terms)
and Community Guidelines (Guidelines). In its response to the DPC, the Respondent explained
that the Data Subject’s account had been banned for impersonation, in violation of both the
Terms and the Guidelines. The Respondent further explained how the violation was identified
and reviewed by its team.
10. In an effort to amicably resolve the complaint, the Respondent also offered to facilitate the
creation of a new account for the Data Subject if the Data Subject was agreeable to this
(subject to the requirement that they comply with the Respondent’s Terms and Guidelines in
future).
11. In light of the explanations provided by the Respondent as set out above, as well as the fact
that the Data Subject had now received their full access file, the DPC considered it appropriate
to conclude the complaint by way of amicable resolution. As such, on 23 March 2023, the DPC
wrote to the Data Subject (via the Recipient SA) proposing an amicable resolution to the
complaint and 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. The DPC also noted
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the Respondent’s offer to facilitate the creation of a new account for them as outlined above.
The Recipient SA confirmed that this letter issued to the Data Subject on 9 May 2023. On 14
June 2023, the Recipient SA confirmed that the Data Subject did not respond. Accordingly, the
complaint has been deemed to have been amicably resolved.
12. On 21 June 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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