In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Complaint Reference Number:
In the matter of a complaint, lodged by with Data Protection Authority of
Bavaria for the Private Sector pursuant to Article 77 of the General Data Protection Regulation,
concerning Microsoft Ireland Operations 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 12 MAY 2022
Dated the 9th day of October 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 GDPR with the Data Protection Authority of Bavaria for the Private Sector (“the
Recipient SA”) concerning Microsoft Ireland Operations 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) GDPR, the Recipient SA transferred the
complaint to the DPC on 31 August 2022.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent requesting the delisting of a number of
URLs which returned against a search of their name in the Respondent’s search
engine.
b. The Respondent refused the delisting request on that grounds that it considered that
the public interest in accessing the information outweighed their own privacy interest
in this case.
c. The Data Subject was not satisfied with the Respondent’s response and, on 13 June
2022, subsequently 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 identified in search results and the service provider responsible for
providing those search results); 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. On 23 March 2023, the DPC wrote to the Respondent
formally commencing its investigation and requesting the Respondent to explain its position
in relation to the URLs identified in the complaint. In response, the Respondent explained that
the URLs did not contain the Data Subject’s image or any other personal data belonging to the
Data Subject and, moreover, did not appear to relate to the Data Subject at all. As it transpired,
the URLs had no association with the Data Subject and had simply returned when a search of
their name was carried out.
8. The DPC queried why these URLs were returned on a search of the Data Subject’s name
despite the fact that they did not relate to the Data Subject in any way. In response, the
Respondent explained how its search index is discovered using an organic crawling process
relying on a complex software algorithm. The Respondent advised that although “this may
occasionally produce non-relevant results, our system will adjust itself over time to remove
irrelevant search term associations”.
9. In light of the explanations provided by the Respondent as set out above, the DPC considered
it appropriate to conclude the complaint by way of amicable resolution. Accordingly, on 3 July
2023, the DPC wrote to the Data Subject via the Recipient SA, setting out the explanations
provided by the Respondent and notifying them that the DPC proposed to conclude the
complaint by way of amicable resolution. In the circumstances, the DPC asked the Data
Subject to notify it, within a specified timeframe, if they were not satisfied with the outcome,
so that the DPC could take further action. On 29 August 2023, the Recipient SA confirmed to
the DPC that no response had been received from the Data Subject. Accordingly, the
complaint has been deemed to have been amicably resolved.
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10. On 6 September 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. The DPC will close off its file in this matter once it has consulted with the supervisory
authorities concerned on the information set out above, as required by Document
06/2022.
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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