In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Integritetsskyddsmyndigheten
(Sweden 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 15 June 2023, (“the Data Subject”) lodged a complaint pursuant to Article
77 of the GDPR with the Integritetsskyddsmyndigheten (“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 9 November 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 30 March 2023, to request access to all of their personal data. On 5 April 2023, the
Data Subject received a copy of their personal data via the Respondent’s self-service
tool. On the same day, the Data Subject emailed the Respondent to request erasure
of their personal data, in accordance with Article 17 of the GDPR.
b. The Respondent replied on 6 April 2023, advising the Data Subject that once an
account is closed, their account is no longer visible on the platform and the personal
data is deleted in accordance with its Privacy Policy. The Data Subject replied on the
same day seeking clarification from the Respondent as to how long it takes to delete
their data after the closure of their account. The Respondent replied later that day,
citing legal reasons for the retention of certain data after account suspension, and
suggested the Data Subject read the retention section of its Privacy Policy for more
information on its deletion practices.
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
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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, it was established that
the Respondent had suspended the Data Subject’s account due to a violation of the
Respondent’s Community Guidelines. The Respondent advised the DPC that it had conducted
a fresh review of the Data Subject’s suspension. Following this review, the Respondent
asserted that due to the nature of the violation by the Data Subject, it was not in a position to
lift the suspension of the account. The Respondent confirmed to the DPC the date the majority
of the Data Subject’s personal data would be deleted. It further advised that after this date, it
would only retain certain personal data in line with its data retention policy. In the
circumstances, the Respondent agreed to provide more information to the Data Subject in
relation to its practices.
8. On 15 January 2024, the DPC’s letter outlining the information provided by the Respondent,
which included the deletion dates of the remaining personal data, 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 19 January 2024.
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9. On 15 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.
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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