In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Office of the
Information and Data Protection Commissioner (Malta DPA) pursuant to Article 77 of the General
Data Protection Regulation, concerning Ryanair DAC
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 27th day of March 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 3 October 2023, (“the Data Subject”) lodged a complaint
pursuant to Article 77 of the GDPR with the Office of the Information and Data Protection
Commissioner (“the Recipient SA”) concerning Ryanair DAC (“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 6 November 2023.
The Complaint
3. The details of the complaint were as follows:
a. Following a booking made by the Data Subject on the Respondent’s website, the Data
Subject received an email from the Respondent on 31 August 2023, advising the Data
Subject that they were required to verify their identity as the booking had been made
via a third party website. The Respondent requested the Data Subject to complete its
dedicated verification process in order to verify their identity and proceed with the
booking.
b. On 3 October 2023, the Data Subject contacted the Respondent via its “Live Chat”
option as they had difficulty with their booking and received prompts to verify their
identity. During their exchange with the Respondent, the Data Subject queried the
requirement for this verification, which appeared to only be necessary when
purchasing services provided by the Respondent from a third party website. The Data
Subject highlighted that this was not the case in relation to their booking, as they had
booked through the Respondent’s website. In the Respondent’s reply, its
representative advised the Data Subject on the “Live Chat” that in order to avail of
their booking, they were required to complete the verification process in this case.
c. As the Data Subject was not satisfied with the response received from the
Respondent, they lodged a complaint with the Recipient SA, raising GDPR concerns in
relation to the Respondent’s processing of online bookings.
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
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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 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. Further to that engagement, on 29 January 2024, the
Respondent advised the DPC that due to an internal error, the purchase that the Data Subject
had made on its website had been incorrectly classified as one made through a third-party
website, and the Data Subject should not have been requested to verify their identity in this
case. Furthermore, the Respondent advised the DPC that since the Data Subject was the
subject of a technical issue, and did not receive the level of customer support appropriate, it
offered sincere apologies to the Data Subject, together with a gesture of goodwill.
8. The DPC forwarded this information to the Data Subject, via the Recipient SA, on 31 January
2024, seeking their views on the action taken by the Respondent. This correspondence
requested that the Data Subject notify the DPC within a specified timeframe, if they were not
satisfied with the action taken by the Respondent, so that the DPC could investigate the
matter further. The Recipient SA issued this letter to the Data Subject on the same day.
9. On 8 February 2024, the DPC was informed by the Recipient SA that the Data Subject was
agreeable to the amicable resolution proposal. The Data Subject also thanked the parties
involved in getting their complaint resolved.
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10. On 8 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.
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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