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 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 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. (“the Data Subject”) lodged a complaint pursuant to Article 77 GDPR with
the Commission Nationale de l'Informatique et des Libertés (“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) GDPR, the Recipient SA transferred the
complaint to the DPC on 19 October 2021.
The Complaint
3. The details of the complaint were as follows:
a. On 28 May 2020, the Data Subject made an access request to the Respondent
pursuant to Article 15 GDPR following the suspension of their account.
b. In response, the Respondent stated that the Data Subject’s account had been
suspended for violating its terms of service. Following subsequent correspondence
from the Data Subject, the Respondent provided instructions to the Data Subject as
to how they could attempt to download their data from a disabled account or to
request a disabled account be restored.
c. The Data Subject remained unable to access their disabled account and was
dissatisfied with the responses provided. 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:
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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
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 13 December 2021, the DPC wrote to the
Respondent formally commencing its investigation and requesting the Respondent to address
the concerns raised.
8. In response to the investigation, the Respondent explained that the Data Subject’s account
had been disabled due to “harmful, potentially illegal content being detected” on it, which
amounted to a serious violation of the Respondent’s terms of service. The Respondent
explained how it was relying on section 60(3)(a)(ii) of the 2018 Act (which gives effect to
Article 23(1)(d) GDPR under Irish law and provides for the restriction of data subject rights
where necessary and proportionate for the purposes of “the prevention, detection,
investigation and prosecution of criminal offences”) as well as Article 15(4) GDPR in refusing
to provide the Data Subject with the personal data sought. The Respondent also provided a
detailed explanation of each step in the process which led to the Data Subject’s account
suspension, including the appeal process engaged in and manual reviews carried out. In the
circumstances, the DPC was satisfied that the Respondent’s reliance on section 60(3)(a)(ii) of
the 2018 Act and Article 15(4) GDPR was appropriate.
9. In an effort to amicably resolve the complaint, and noting the fact that the Data Subject’s
account had already been automatically deleted in accordance with the Respondent’s
standard retention periods for validly suspended accounts, the Respondent agreed to provide
the Data Subject with the non-sensitive, residual personal data it retained following that
process. The Respondent explained to the DPC that certain procedural data were withheld
due to them being subject to legal privilege. On 22 February 2022, the Respondent provided
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evidence to the DPC to confirm that the non-sensitive, residual data had been provided to the
Data Subject.
10. On 19 April 2023, the DPC wrote to the Data Subject (via the Recipient SA) asking whether
they were now satisfied that their outstanding concerns had been addressed and that their
complaint could be concluded. In light of the explanations provided by the Respondent as to
the process followed in the decision to suspend the Data Subject’s account, the explanations
provided by the Respondent as to its reliance on section 60(3)(a)(ii) of the 2018 Act and Article
15(4) GDPR, and the fact that the Respondent provided the Data Subject with a copy of their
non-sensitive, residual data, the DPC considered it appropriate to conclude the complaint by
way of amicable resolution. 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. The Recipient SA confirmed that the letter issued to the Data Subject
on 2 June 2023. On 26 June 2023, the Recipient SA confirmed that the Data Subject did not
respond. Accordingly, the complaint has been deemed to have been amicably resolved.
11. On 4 July 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
a. 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:
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_____________________________
Deputy Commissioner
Data Protection Commission
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