In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Integritetsskyddsmyndigheten
(Sweden DPA) pursuant to Article 77 of the General Data Protection Regulation, concerning
Twitter International Unlimited 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 ON 12 MAY 2022)
Dated the 8th day of September 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 13 June 2022, (“the Data Subject”) lodged a complaint pursuant to Article
77 of the GDPR with the Integritetsskyddsmyndigheten (“the Recipient SA”) concerning
Twitter International Unlimited Company (“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 12 October 2022.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject first contacted the Respondent on 19 November 2018, to request
the erasure of their account from the Respondent’s Periscope platform. The Data
Subject contacted the Respondent, as they were unable to login to the account to use
the self-deletion tool, as they no longer had access to the phone number associated
with the account.
b. In its response to the Data Subject on 19 November 2018, the Respondent advised
the Data Subject that without access to the phone number used to create the account,
the account could not be scheduled for deletion. The Respondent did however
provide instructions on how the Data Subject could avail of the self-deletion tools to
delete the account, should they regain access to the account.
c. On 10 June 2022, the Data Subject again raised a request for the erasure of their data
with the Respondent. The Respondent replied to the Data Subject on the same day,
once again providing the Data Subject with instructions on how to avail of the self-
deletion tools.
d. As the Data Subject was not satisfied with the responses received 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
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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
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. Prior to commencing this complaint, the DPC contacted the Respondent to confirm that the
DPC was the Lead Supervisory Authority for the Periscope platform, and that the platform fell
under the controllership of the Respondent in question. Confirmation was received from the
Respondent on 20 March 2023.
8. The DPC engaged with both the Data Subject (via the Recipient SA) and Respondent in relation
to the subject matter of the complaint. The DPC first contacted the Respondent on 4 April
2023. In its response to the DPC of 13 April 2023, the Respondent provided the following
information:
a. The Respondent noted that the account in question had since been deactivated, and
advised the DPC that the account no longer existed on its systems.
9. On 14 April 2023, the DPC wrote to the Data Subject, via the Recipient SA, seeking their views
on the action taken by the Respondent and requesting that the Data Subject notify it, within
a specified timeframe, if they were not satisfied with the action taken by the Respondent, so
that the DPC could take further action. This letter issued to the Data Subject on 24 April 2023.
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10. As the DPC had received no response from the Data Subject, on 18 May 2023, the DPC wrote
to the Recipient SA, seeking clarity on whether or not any response had been received from
the Data Subject. No reply to this query was received from the Recipient SA.
11. On 9 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. On 14 July 2023, the Recipient SA confirmed that it had not received a response from the Data
Subject and that it was agreeable to the DPC’s proposed closure of this case.
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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