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 McAfee 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 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 1 December 2021, (“the Data Subject”) lodged a complaint pursuant to
Article 77 of the GDPR with the Data Protection Commission (“the DPC”) concerning McAfee
Ireland Limited (“the Respondent”).
2. The DPC was deemed to be the competent authority for the purpose of Article 56(1) of the
GDPR.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent via postal correspondence on 12 March
2021 to request the deletion of their personal data, including their account, under
Article 17 of the GDPR.
b. The Data Subject noted that as they did not receive a response to this initial request,
they contacted the Respondent again via postal correspondence on 26 April 2021,
requesting the erasure of the aforementioned personal data.
c. As the Data Subject still did not receive any response from the Respondent to their
requests, the Data Subject lodged a complaint with the DPC.
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
b. The nature of the complaint (in this case, an unsuccessful attempt by the Data Subject
to exercise his/her 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. Upon assessment of the complaint, the DPC noted that certain relevant documentation had
not been included in the documents provided by the Data Subject when submitting their
complaint. The DPC requested the omitted information from the Data Subject and on 10
March 2022, the Data Subject provided the DPC with the requested documentation.
8. Following receipt of the requested information, the DPC engaged with both the Data Subject
and Respondent in relation to the subject matter of the complaint. Further to that
engagement, the Respondent advised the DPC that it had no record of receiving the Data
Subject’s erasure requests. However, as part of the amicable resolution process, the
Respondent agreed to action the Data Subject’s request.
9. On 15 February 2023, the Respondent confirmed to the DPC that it had fully erased the Data
Subject’s personal data and had contacted the Data Subject directly to advise that this action
had occurred. The Respondent also provided the DPC with a copy of this correspondence.
10. On 6 March 2023, the DPC wrote to the Data Subject, seeking their views on the action taken
by the Respondent. The DPC also requested the Data Subject to notify it, within a specified
timeframe, if they were not satisfied with the action of the Respondent, 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.
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:
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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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