In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Commission Nationale de
l'Informatique et des Libertés (France 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 15th day of September 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 19 March 2021, (“the Data Subject”) lodged a complaint pursuant to
Article 77 of the GDPR with the Commission Nationale de l'Informatique et des Libertés (“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 18 May 2022.
The Complaint
3. The details of the complaint were as follows:
a. On 7 February 2021, the Data Subject contacted the Respondent requesting erasure
of personal data concerning them, pursuant to Article 17 of the GDPR, contained in
one post on the Respondent’s website, that had been uploaded by a third party user.
b. The Data Subject received a response from the Respondent on 18 February 2021,
advising them that it would not edit or remove the post on behalf of the third party
involved, and advised the Data Subject to contact the author of the post directly to
request deletion of their personal data.
c. As the Data Subject was not satisfied with the response 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
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
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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. Further to that engagement, the Respondent
confirmed that it received the erasure request from the Data Subject on 7 February 2021. The
Respondent also advised that while they were of the view that no grounds for the removal of
the content existed under Article 17 of the GDPR, as means to achieve amicable resolution,
the Respondent advised that it would contact the author of the post and would request that
they remove the Data Subject’s personal data from it.
8. Following further engagement with the Respondent, the Respondent confirmed to the DPC
that the author of the post had agreed to remove the Data Subject’s personal data from the
post.
9. On 31 May 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 investigate the matter further. The Recipient SA issued this
correspondence to the Data Subject on 16 June 2023.
10. On 23 June 2023, the Recipient SA informed the DPC that the Data Subject was agreeable to
the amicable resolution proposal. The Data Subject also expressed their appreciation for the
parties involved in getting this matter resolved.
11. On 28 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. On 30 June 2023, the Recipient SA confirmed receipt of the DPC correspondence,
which had advised that the complaint was deemed withdrawn.
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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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