In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Garante per la protezione dei dati
personali (Italy DPA) pursuant to Article 77 of the General Data Protection Regulation, concerning
LinkedIn 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 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 February 2023, (“the Data Subject”) lodged a complaint pursuant to
Article 77 of the GDPR with the Garante per la protezione dei dati personali (“the Recipient
SA”) concerning LinkedIn 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) of the GDPR, the Recipient SA transferred
the complaint to the DPC on 18 July 2023.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on 21 December 2022, to request access
to all of their personal data, as per Article 15 of the GDPR, followed by the erasure of
all of their personal data, as per Article 17 of the GDPR.
b. The Respondent contacted the Data Subject on 23 January 2023, advising them that
it cannot proceed with the deletion request, as the Data Subject’s account had been
restricted, due to violations of the Respondent’s License Agreement.
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:
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).
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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 21 September 2023,
the Respondent advised the DPC that it had reviewed the Data Subject’s restriction and
determined that one of the violations that led to the account being restricted was not valid
and it removed the block from the account. On 12 September 2023, the Respondent initiated
the deletion process, as per Article 17 of the GDPR, confirming that all data would be deleted
within the next 30 days. In addition, the Respondent noted that due to a human error, the
access request pursuant to Article 15 of the GDPR, was initially overlooked. However, the
Respondent confirmed that this request had now been fulfilled, and the Data Subject was
provided with a copy of all their data on 21 September 2023.
8. The DPC forwarded this information to the Data Subject, via the Recipient SA, on 27
September 2023, 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.
9. On 14 March 2024, the Recipient SA informed the DPC that the Data Subject had not received
the correspondence of the 27 September 2023. Upon further review, it identified that there
was a technical error with the certified email address provided by the Data Subject. On 25
March 2024, the Recipient SA confirmed to the DPC that no further communication has been
received from the Data Subject, although it assumes the notification has been done correctly.
10. 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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