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
MTCH Technology Services 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 ON 12 MAY 2022)
Dated the 22nd day of September 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 31 August 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 MTCH Technology Services 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) of the GDPR, the Recipient SA transferred
the complaint to the DPC on 17 January 2023.
The Complaint
3. The details of the complaint were as follows:
a. Following the suspension of the Data Subject’s account, on 6 July 2022, the Data
Subject contacted the Respondent on the same day to seek clarification as to the
reason for the suspension on their account. The Respondent replied to the Data
Subject later that day, advising that the account in question had been suspended for
a violation of the Respondent’s Terms of Use and Community Guidelines. The
Respondent also advised that it had taken steps to remove the account from being
visible to others on the platform. As the Data Subject was not satisfied with the
Respondent’s response they submitted an erasure request of all their personal data
on the same day, under Article 17 of the GDPR.
b. The Respondent replied to the Data Subject on 12 July 2022 citing legal reasons for
the retention of personal data after account suspension.
c. As the Data Subject was not satisfied with the response received from the
Respondent, they lodged a complaint with the Recipient SA. In their complaint to the
Recipient SA, the Data Subject also raised the matter of the Respondent breaching
their rights under Article 15 of the GDPR by not providing further information as to
the reason for the suspension of their account.
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
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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. 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 27 March
2023. Further to that engagement, it was established that the Respondent had suspended the
Data Subject’s account as it had detected inappropriate behaviour, which was in violation of
the Respondent’s Terms of Use and Community Guidelines. Following this suspension, the
Respondent advised the DPC that it had retained the Data Subject’s personal data in line with
its data retention policy. In its reply to the DPC, the Respondent advised that it had conducted
a fresh review of the Data Subject’s suspension and following this review, it had determined
that due to the nature of the violation by the Data Subject, the suspension would remain on
the account. The Respondent also advised that it had no record of receiving an Article 15
request from the Data Subject. The Respondent communicated the outcome of their review
directly to the Data Subject on 11 April 2023. In this, they advised the Data Subject that they
could avail of the self-service tool on their account to access their personal data should they
wish to do so.
8. On 19 April 2023, the DPC’s letter outlining the information provided by the Respondent as
part of the amicable resolution process issued to the Recipient SA, for onward transmission
to the Data Subject. In its correspondence to the Data Subject, the DPC requested that the
Data Subject notify it, within a specified timeframe, if they were not satisfied with the actions
taken by the Respondent, so that the DPC could take further action. The Recipient SA
confirmed to the DPC that they issued this correspondence to the Data Subject on 4 May 2023.
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9. The DPC did not receive any further communication from the Data Subject and, accordingly,
the complaint has been deemed to have been amicably resolved.
10. On 29 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.
11. 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
12. 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.
13. 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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