In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Datatilsynet (Norway DPA)
pursuant to Article 77 of the General Data Protection Regulation, concerning MTCH Technology
Services 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 5th day of April 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 16 March 2023, (“the Data Subject”) lodged a complaint pursuant to
Article 77 of the GDPR with the Datatilsynet (“the Recipient SA”) concerning MTCH
Technology Services 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 27 June 2023.
The Complaint
3. The details of the complaint were as follows:
a. Following the suspension of their account, the Data Subject emailed the Respondent
on 13 March 2023, to request access to, and the erasure of, their personal data held
by the Respondent, pursuant to Articles 15 and 17 of the GDPR.
b. The Respondent replied on the same day, advising the Data Subject that as it had been
more than a year since the suspension, their profile information had been deleted
from the account, and was no longer available. It further advised that after account
closure, personal data on the account is deleted in accordance with its Privacy Policy.
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
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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 it was established that,
following the suspension of the account, the Respondent had retained the Data Subject’s
personal data in line with its Privacy Policy. In its reply to the DPC, the Respondent advised
that it had provided the Data Subject with a link to its Privacy Policy, which outlined the
specific types of information it retains on suspended users, in response to the Data Subject’s
access request. The Respondent further advised it conducted a fresh review of the Data
Subject’s suspension. In the circumstances, the Respondent agreed to lift the suspension on
the account, and communicated this action directly to the Data Subject on 27 December 2023,
which would allow the Data Subject to utilise the Respondent’s self-deletion tools.
8. On 9 January 2024, the DPC’s letter outlining the action taken 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 actions taken
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 10 January 2024.
9. On 13 February 2024, the Recipient SA confirmed to the DPC, that no response had been
received from the Data Subject. On the same day, 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.
10. 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.
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Confirmation of Outcome
11. 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.
12. 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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