In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Complaint Reference Number:
In the matter of a complaint, lodged by v Google Ireland Limited with French Data
Protection Authority 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 12 MAY 2022
Dated the 25th day of March 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 20 July 2023, (“the Data Subject”) lodged a complaint pursuant to Article 77
GDPR with French Data Protection Authority (“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) GDPR, the Recipient SA transferred the
complaint to the DPC on 7 November 2023.
The Complaint
3. The details of the complaint were as follows:
a. On 31 January 2023, the Data Subject attempted to retrieve their personal data
processed by the Google Pay service by using the Google Takeout tool. The archive
received did not include the Data Subject’s postal addresses, whereas the Google Pay
address book page shows their postal address.
b. The Data Subject contacted the Respondent directly as they believed the download
your data tool did not provide all the personal data related to them.
c. In response, the Respondent advised the Data Subject as to how they could obtain
access to various different kinds of personal information, including in relation to
Google Pay, via their Google account.
d. The Data Subject wished to obtain a copy of their personal data directly from Google
and was therefore dissatisfied with the Respondent’s response. Accordingly, 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 (via the Recipient SA) and Respondent in relation
to the subject-matter of the complaint. On 5 January 2024, the DPC wrote to the Respondent
formally commencing its investigation into the complaint.
8. In response to the DPC’s investigation, the Respondent provided a comprehensive explanation
as to the appropriateness of having directed the Data Subject to its self-service tools in
response to the access request. In particular, the Respondent explained where exactly the
Data Subject could access the address details associated with their payments and
subscriptions using these tools, and noted how this information was set out in its response to
the access request.
9. However, in an effort to resolve the matter, the Respondent agreed to directly provide the
Data Subject with the specific pay-related data they had requested, and reached out directly
to the Data Subject via the email address associated with their account to do so.
10. In light of the direct response provided by the Respondent to the Data Subject, as set out
above, as well as the explanations it provided, the DPC considered it appropriate to conclude
the complaint by way of amicable resolution. On 30 January 2024, the DPC wrote to the Data
Subject outlining the Respondent’s response via the Recipient SA. 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. The Data Subject responded to
the Recipient SA confirming that they were satisfied with the actions taken by the Respondent
and, accordingly, the complaint has been deemed to be amicably resolved.
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11. On 16 February 2024, 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.
12. 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
13. 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.
14. 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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