In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Autoriteit Persoonsgegevens
(Netherlands DPA) pursuant to Article 77 of the General Data Protection Regulation, concerning
Twitter International Unlimited Company
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 31st day of May 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
1
Background
1. (“the Data Subject”) lodged a complaint pursuant to Article 77 of the GDPR
with the Autoriteit Persoonsgegevens (“the Recipient SA”) concerning Twitter International
Unlimited Company (“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 13 March 2023.
The Complaint
3. The details of the complaint were as follows:
a. On 6 January 2023, the Data Subject contacted the Respondent to request the
deletion of their conversations from the Twitter platform, within the Direct Messages
function, under Article 17 of the GDPR. Within this correspondence, the Data Subject
also sought clarity on whether the deletion of a Direct Message would result in the
message(s) being permanently deleted for all users in a message thread, or just on the
Data Subject’s account.
b. On 10 January 2023, the Respondent informed the Data Subject that they could not
delete the messages in bulk, but rather that the Data Subject would have to delete
each message individually.
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
2
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. In its response to the DPC of 11 September 2023, the
Respondent clarified that:
a. The deletion of a Direct Message will apply only to the account in question, because
if the option for a user to delete an entire conversation were to exist, then it would
also potentially delete the personal data of the recipient(s), by removing the Direct
Message(s) without their knowledge or authorisation. As such, the Respondent
clarified that the deletion of any Direct Messages would apply to the user’s account
only.
b. The Respondent clarified that it requires ‘two party’ deletion in order to fully remove
Direct Messages from its systems, and that this would ensure the deletion of a Direct
Message conversation.
8. Upon receipt of this correspondence from the Respondent, the DPC thereafter engaged with
the Data Subject, via the Recipient SA. The DPC provided a letter to the Recipient SA, for
onward submission to the Data Subject on 26 September 2023. This letter thereafter issued
to the Data Subject on 5 February 2024, and requested a response within a specified
timeframe.
9. On 29 February 2024, the Recipient SA confirmed to the DPC that no response had been
received from the Data Subject, and that the case could be considered closed.
10. On 4 March 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
3
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
4