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 Airbnb 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 5th day of July 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 1 November 2023, (“the Data Subject”) lodged a complaint pursuant to
Article 77 of the GDPR with the Data Protection Commission (“the DPC”) concerning Airbnb
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 made a reservation via the Respondent’s platform in July 2023, but
was subsequently requested by the Respondent to upload their photograph and a
copy of their ID, in order to proceed with their booking. The Data Subject refused this
request, which ultimately resulted in their reservation being cancelled.
b. Following this, the Data Subject raised their concerns with the Respondent on 30
August 2023, suggesting alternative means to verify their identity. The Respondent
provided a reply to the Data Subject on 6 September 2023, explaining its rationale for
requesting a photograph and a copy of the Data Subject’s ID in order for them to be
able to proceed with the reservation.
c. As the Data Subject was not satisfied with the response from the Respondent, they
made a complaint with the Data Protection Commission.
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 his/her 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 and Respondent in relation to the subject matter
of the complaint. Further to that engagement, the Respondent confirmed that, in order to
resolve the complaint, it would accept a printed copy of an ID document submitted by post in
this case, as suggested by the Data Subject, in order to verify their identity. The DPC forwarded
this information to the Data Subject on 2 April 2024.
8. On 3 April 2024, the Data Subjected confirmed to the DPC that they were agreeable to
providing a physical notarised copy of their ID by post in order to very their identity. The Data
Subject also advised the DPC that they were willing to be contacted by the Respondent directly
to confirm this, in order to ensure a quicker turnaround in this regard. The DPC forwarded this
information to the Respondent on 3 April 2024.
9. Following further engagement with the Respondent, on 25 April 2024, it confirmed to the DPC
that it had reached an amicable resolution of the complaint with the Data Subject directly. In
this regard, on 8 May 2024, the DPC sought confirmation from the Data Subject within a
specified timeframe, if they considered that the action taken by the Respondent has resolved
their complaint.
10. On 13 May 2024, the Data Subject confirmed to the DPC that they considered their complaint
resolved and wished to thank the DPC for its assistance. Accordingly, the complaint has been
deemed to have been amicably resolved.
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.
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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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