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 Apple
Distribution International 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 6th day of October 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 9 February 2022, (“the Data Subject”) lodged a complaint pursuant
to Article 77 of the GDPR with the Data Protection Commission (“the DPC”) concerning Apple
Distribution International 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 its web-form on 2 December 2021, to
request erasure of their account. In response to the erasure request, on 3 December
2021, the Respondent provided the Data Subject with a link to the self-service portal
on the Respondent’s platform, advising the Data Subject that they could use this link
to delete their data via this tool. The Data Subject replied to the Respondent, advising
that they were unable to use the self-service portal, as they could not login to their
account. According to the Data Subject, this was due to the fact they could not
remember the answers they had previously provided to the security questions. In
their reply, the Data Subject also requested that the Respondent complete the
erasure request on their behalf.
b. In response to the Data Subject on 6 December 2021, the Respondent informed the
Data Subject that as it could not verify the identity of the account holder, it could not
delete the account on their behalf. The Respondent also provided the Data Subject
with a link to reset their password in order to help them regain access to their account.
In this response, the Respondent also provided the Data Subject with information
about the relevant Data Protection Authorities, should they wish to raise a complaint.
c. As the Data Subject was not satisfied with the responses received from the
Respondent to their erasure request, they 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
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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. The DPC engaged extensively 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 in order for it to action the Data Subject’s request, it needed to be able to verify that
the Data Subject was the owner of the account, without compromising its security measures.
The DPC engaged further with the Respondent setting out criteria that it could consider in
relation to the erasure of the account. In the circumstances, the Respondent agreed to take
the following actions:
a. to review its position in respect of requests for erasure, in the context of where a user
is unable to access their account.
b. to consider what additional supports would be required to enable users in specific
circumstances to have their request processed without compromising the
Respondent’s security obligations.
8. Over the course of the handling of the complaint, the DPC engaged with the Data Subject and
the Respondent, in order to bring about an amicable resolution to the complaint. During this
engagement, the Respondent advised that its systems had detected recent activity on the
Data Subject’s account. As such the Respondent requested that the Data Subject log out of
their account on all devices or applications, in order for it to establish whether the account
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met the eligibility requirements for deletion. However, the Data Subject advised both the
Respondent and the DPC that as they could not login to their account, they were unable to
check if their account was still registered as logged-in on any of their devices or applications.
9. The DPC engaged further with the Respondent and requested that it monitor whether any
new activity occurred on the Data Subject’s account, in the time that had passed since the last
activity was recorded on the account. On 29 May 2023, the Respondent agreed to conduct a
fresh review of the Data Subject’s account, and confirm to the DPC whether it could proceed
with the deletion of the account given the time that had passed since the last activity recorded
on the account.
10. On 14 July 2023, having conducted a fresh review, the Respondent confirmed to the DPC that
the Data Subject’s account was now eligible for deletion and it had contacted the Data Subject
on 11 July 2023 to request confirmation that it could proceed with the deletion of the account.
11. On 24 July 2023, the Respondent informed the DPC that the Data Subject’s account had been
deleted, following confirmation it received from the Data Subject on 19 July 2023 to the
deletion terms.
12. On 25 July 2023, the DPC wrote to the Data Subject informing them that their account had
been deleted. In the circumstances, the DPC requested that the Data Subject notify it, within
a specified timeframe, if they were not satisfied with the information provided by the
Respondent so that the DPC could take further action. The DPC did not receive any further
communication from the Data Subject objecting to the amicable resolution of their complaint;
accordingly, the complaint has been deemed to have been amicably resolved. On 18 August
2023, and in light of the foregoing, the DPC informed the Respondent that it would close the
complaint in question.
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.
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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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