In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Complaint 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 Airbnb 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 12 MAY 2022
Dated the 6th day of November 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. (“the Data Subject”) lodged a complaint pursuant to Article 77 GDPR with
the Commission Nationale de l'Informatique et des Libertés (France DPA) (“the Recipient SA”)
concerning Airbnb 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) GDPR, the Recipient SA transferred the
complaint to the DPC on 3 September 2021.
The Complaint
3. The details of the complaint were as follows:
a. On 2 May 2022, the Data Subject submitted an access request to the Respondent
seeking a copy of their personal data. This request was made in the context of an
ongoing customer service dispute with the Respondent.
b. The Respondent responded to the access request on 10 July 2022, exceeding the 30
day statutory time limit. In its response, the Respondent provided the Data Subject
with their access file in an encrypted Excel format. However, the file was not correctly
encrypted and the Data Subject could access their file without the required password.
c. The Data Subject was dissatisfied with the delayed response and the lack of proper
encryption on their access file. The Data Subject also noted that copies of their
communications with the Respondent’s customer service team did not appear to be
included. In light of the foregoing, the Data Subject 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:
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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 and Respondent in relation to the subject matter
of the complaint. The DPC investigated the matter over a considerable period of time.
8. In response to the DPC’s investigation, the Respondent explained that the delay in responding
to the Data Subject’s access request arose from a failure to escalate the request to the correct
team in accordance with its established internal procedures, and that its failure to properly
decrypt the access file was due to a human error. The Respondent further explained that it
had since disclosed a copy of the Data Subject’s discussions with its customer service team
directly to the Data Subject. The Respondent also explained that it had since implemented
additional checks and controls to track and promptly action data subject rights requests.
9. In addition to the explanations provided above, the Respondent apologised to the Data
Subject for its errors in dealing with the access request and for the inconvenience caused and,
in the interest of achieving an amicable resolution to the complaint, proposed a settlement
offer to the Data Subject. The Data Subject and the Respondent engaged directly in relation
to the settlement offer. On 27 September 2023, the Data Subject confirmed to the DPC that
they had reached an amicable resolution with the Respondent and that their complaint could
be concluded. Accordingly, the complaint has been deemed to have been amicably resolved.
10. On 3 October 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.
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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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