In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Complaint Reference Number:
In the matter of a complaint, lodged by with the French Data Protection Authority
pursuant to Article 77 of the General Data Protection Regulation, concerning Google Ireland
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 12 MAY 2022
Dated the 8th day of July 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 27 March 2023, (“the Data Subject”) lodged a complaint pursuant to Article 77
GDPR with the French Data protection Authority (“the Recipient SA”) concerning Google
Ireland 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) 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. The complaint relates to the Data Subject’s dissatisfaction with the Respondent’s
response to their access request pursuant to Article 15 GDPR following the
disablement of their account.
b. The account was suspended for a violation of the Respondent’s policies which
occurred on their linked YouTube channel. However, the Data Subject explained that
this was a misunderstanding and sought to regain access to the account.
c. The Data Subject was not satisfied with the response provided by the Respondent
and, accordingly, submitted a complaint to 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
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 (via the Recipient SA) and Respondent in relation
to the subject-matter of the complaint. The DPC wrote to the Respondent requesting that it
address the concerns raised.
8. In response, the Respondent explained that following the original notification of the complaint
to the Respondent by the Recipient SA, it carried out another human review and made the
decision to reinstate the account and to downgrade the sanction that it had placed on the
Data Subject’s YouTube channel. The Respondent clarified that the account was therefore
reinstated prior to the receipt of the complaint by the DPC and that the Data Subject was
made aware of this on 6 July 2023. The Respondent confirmed that the Data Subject had since
regained access to their account. The Respondent further explained that due to an internal
miscommunication, the final result of this additional review and the decision to reinstate the
account was not accurately communicated to the Recipient SA at the time. The Respondent
regretted this miscommunication, which it stated occurred “due to a once-off human error”
and noted that it had since taken steps to ensure that this does not happen again.
9. In light of the explanations provided by the Respondent and the actions taken to reinstate the
Data Subject’s account, the DPC considered it appropriate to conclude the complaint by way
of amicable resolution. In the circumstances, the DPC asked the Data Subject to notify it,
within a specified timeframe, if they were not satisfied with the outcome, so that the DPC
could take further action. The DPC did not receive any further communication from the Data
Subject and, accordingly, the complaint has been deemed to have been amicably resolved.
10. 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.
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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
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