In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI 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 Google 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 16th day of February 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 10 March 2023, (“the Data Subject”) lodged a complaint pursuant to
Article 77 of the GDPR with the Commission Nationale de l'Informatique et des Libertés (“the
Recipient SA”) concerning Google Ireland 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 26 July 2023.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject emailed the Respondent on 11 and 14 January 2023, to request a
rectification of their personal data, in accordance with Article 16 of the GDPR. The
Data Subject requested the Respondent to change the first name used in their email
address. The Data Subject also raised a request under Article 19 of the GDPR in
relation to their rectification request.
b. The Respondent responded on 23 January 2023 advising that the email address is not
a username and while the name linked to the account can be changed, the email
address cannot be changed. The Data Subject replied on 27 January 2023, re-iterating
their rectification request in relation to their email address. In the Respondent’s reply
of 16 February 2023, it advised the Data Subject that they could create a new email
address and transfer emails and contacts from the old email address to the new one.
c. As the Data Subject was not satisfied with the response received from the
Respondent, they 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 (via the Recipient SA) and Respondent in relation
to the subject matter of the complaint. The DPC first contacted the Respondent on 11
September 2023. Further to that engagement, it was established that an email address is not
a username and in creating the email address, the Respondent does not attempt to verify that
the email address is associated with the user’s legal name. The Respondent advised that an
email address is similar to a house number for a postal address and cannot be changed as it
establishes where the electronic messages should be sent to. The Respondent confirmed that
as the first part of the email address is accurate, it does not become inaccurate as a result of
change to the legal name of a user and does not fall under the remit of a rectification request.
The Respondent advised that the username associated with the email address can be changed
by the user at any time. In the circumstances, the Respondent provided further information
for the Data Subject in relation to changes that can be made to their account.
8. On 4 October 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
information provided 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 24 October 2023.
9. On 15 November 2023, the Recipient SA confirmed to the DPC, that no response had been
received from the Data Subject.
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10. On 16 November 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. On 30 November 2023, the Recipient SA confirmed receipt of the DPC
correspondence, which had advised that the complaint was deemed withdrawn.
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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