In the matter of the General Data Protection Regulation
DPC Complaint Reference:
In the matter of a complaint, lodged by with the Data Protection Commission
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 14th day of June 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 13 September 2023, (“the Data Subject”) lodged a complaint pursuant to
Article 77 of the GDPR with the Data Protection Commission (“the DPC”) concerning LinkedIn
Ireland UC (“the Respondent”).
2. The DPC was deemed to be the competent authority for the purpose of Article 56(1) of the
GDPR.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on 14 September 2023, to request the
deletion of their personal data related to their account on the Respondent’s platform,
as per Article 17 of the GDPR.
b. On 19 September 2023, the Respondent advised the Data Subject that, due to the fact
that they infringed the Respondent’s User Agreement, and in order to ensure the
general operability of its services, it would be unable to act on the Data Subject’s
erasure request.
c. As the Data Subject was not satisfied with the response received, they expressed their
wish to pursue their complaint with the DPC.
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 and Respondent in relation to the subject matter
of the complaint. Further to that engagement, on 20 December 2023, the Respondent advised
the DPC that it initially denied the Data Subject’s erasure request as the Data Subject had
expressed their intent to bring legal action against it. This gave the Respondent a basis to
retain the Data Subject’s data for purposes of establishment, exercise or defence of any such
legal claims, pursuant to Article 17(3) of the GDPR.
8. The DPC continued to engage with both the Data Subject and the Respondent in order to bring
about an amicable resolution to the complaint.
9. On 16 January 2024, the Data Subject confirmed to the DPC that they have no intention of
proceeding with any legal action against the Respondent, and that their primary concern is
achieving the deletion of their personal data. The DPC forwarded this information to the
Respondent for further comments.
10. On 19 January 2024, the Respondent confirmed to the DPC that it will now proceed with the
deletion of the Data Subject’s account, and that all personal data associated with it would be
deleted within 30 days. The Respondent also confirmed, on 29 January 2024, it had informed
the Data Subject of this outcome as well. Further to this, on 1 March 2024, the Respondent
confirmed to the DPC that the Data Subject’s account erasure was now complete.
11. The DPC forwarded this information to the Data Subject on 1 March 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.
12. The DPC did not receive any further communication from the Data Subject and, accordingly,
the complaint has been deemed to have been amicably resolved.
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13. 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
14. 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.
15. 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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