In the matter of the General Data Protection Regulation
DPC Complaint Reference:
In the matter of a complaint, lodged by with the Data Protection Commission
pursuant to Article 77 of the General Data Protection Regulation, concerning Twitter International
Company
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. On 27 December 2022, (“the Data Subject”) lodged a complaint pursuant to
Article 77 GDPR with the Data Protection Commission (“the DPC”) concerning Twitter
International Company (“the Respondent”).
2. The DPC was deemed to be the competent authority for the purpose of Article 56(1) GDPR.
The Complaint
3. The details of the complaint were as follows:
a. On 24 November 2022, the Data Subject submitted an access request to the
Respondent’s Data Protection Officer (DPO) pursuant to Article 15 GDPR.
b. The Data Subject did not receive a response and, accordingly, lodged a complaint with
the DPC. In their complaint, the DPC noted that they were “trying to be conscious
about their data” and that they had contacted the Respondent’s DPO as they could
not access their data using the official support channels.
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 Data Subject, 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 and Respondent in relation to the subject matter
of the complaint. On 9 June 2023, the DPC wrote to the Respondent formally commencing its
investigation and requesting that it address the concerns raised. In response, the Respondent
confirmed that, on 13 June and upon receipt of the DPC’s letter commencing its investigation,
it had reached out to the Data Subject directly and provided them with a URL through which
they could access all their personal information. The Respondent also addressed its failure to
respond to the access request at the relevant time. In this regard, the Respondent noted that
the request was not made using the self-service tools designed to facilitate such requests and
explained that, “[r]egrettably [the Respondent’s] change in leadership and associated
workforce changes…caused temporary delays in the pre-established processes for handling
such requests manually.” The Respondent further explained that this situation had now been
addressed and that it is once again managing requests submitted to the DPO email as normal.
8. In light of the explanations provided by the Respondent for the delay in facilitating the access
request, and the fact that the Respondent had since reached out to the Data Subject directly
to facilitate the access request, the DPC considered it appropriate to conclude the complaint
by way of amicable resolution. As such, on 29 June 2023, the DPC wrote to the Data Subject
setting out the responses provided by the Respondent and proposed 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 DPC did not receive any further communication
from the Data Subject and, accordingly, the complaint has been deemed to have been
amicably resolved.
9. 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
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10. 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.
11. 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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