In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Garante per la protezione dei dati
personali (Italy DPA) pursuant to Article 77 of the General Data Protection Regulation, concerning
LinkedIn Ireland UC
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 6th day of September 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 22 February 2022, (“the Data Subject”) lodged a complaint pursuant to
Article 77 of the GDPR with the Garante per la protezione dei dati personali (“the Recipient
SA”) concerning LinkedIn Ireland UC (“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 on 20 December 2022.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject received confirmation on 26 June 2021, that the scheduled deletion
of their account was successful. However, the Data Subject appeared to continue to
receive emails from the Respondent concerning their account.
b. Therefore, the Data Subject contacted the Respondent on 31 January 2022 to request
the erasure of their personal data. On 3 February 2022, the Respondent informed the
Data Subject that it had taken the required actions to delete the account in question.
c. However, as the Data Subject continued to receive emails 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 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. Further to that engagement, on 7 March 2023, the
Respondent advised the DPC that the Data Subject appeared to possess two accounts with
two different email addresses, thus having a second duplicate account. Furthermore, the
Respondent advised that the creation of multiple accounts was in violation of its User
Agreement. For clarity purposes, the Respondent confirmed that the first account identified
by the Data Subject in their initial request for erasure was deleted on 18 February 2022, after
the Respondent received an erasure request from the Data Subject on 31 January 2022. The
Respondent further clarified that it was unable to verify the Data Subject’s account closure
requests from before this time due to the relevant account activity and history being purged.
Regarding the second active account, the Respondent confirmed that it would proceed to
close and delete this account if the Data Subject wished for it to do so.
8. On 10 March 2023, the DPC wrote to the Data Subject, via the Recipient SA, seeking their
views on the information provided by the Respondent and requesting that the Data Subject
notify it, within a specified timeframe, if they wished to proceed with the deletion of the
second account. Alternatively, the DPC requested that the Data Subject outline if they were
not satisfied with the information provided by the Respondent, so that the DPC could take
further action.
9. On 15 June 2023, the Recipient SA confirmed to the DPC, that the Data Subject had closed the
second account themselves, on 16 May 2023, and confirmed that the case can be closed by
way of amicable resolution.
10. On 21 June 2023, the DPC contacted the Respondent to seek confirmation that the concerned
personal data was now deleted. On the same day, the Respondent confirmed that it
completed the deletion on 30 May 2023.
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11. On 26 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.
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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