In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Datatilsynet (Norway DPA) pursuant
to Article 77 of the General Data Protection Regulation, concerning TikTok Technology 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 12th day of July 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 19 August 2023, (“the Data Subject”) lodged a complaint pursuant to Article
77 of the GDPR with the Datatilsynet (“the Recipient SA”) concerning TikTok Technology
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 7 November 2023.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on 21 April 2022, to request the deletion
of their account, which they had lost access to due to it originally being created
utilising an account from another platform, which the Data Subject had since
permanently deleted.
b. In its response to the Data Subject of 29 April 2022, the Respondent requested that
the Data Subject verify their ownership of the account in question, through a series
of questions related to the recent activity on the account. The Data Subject engaged
on this matter, but did not manage to obtain the erasure of their account. Therefore,
on 29 June 2023, the Data Subject reiterated their erasure request to the Respondent.
c. On 29 June 2023, the Respondent advised the Data Subject that the issue stemmed
from the other platform, which the Data Subject had originally created their account
with, and that they would therefore be required to contact the other platform for
further assistance in order to get this matter resolved.
d. 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 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 (via the Recipient SA) and Respondent in relation
to the subject matter of the complaint. Further to that engagement, on 11 March 2024, the
Respondent advised the DPC that, throughout its engagement with the Data Subject, it had
attempted to source verification information to confirm account ownership and fulfil the
erasure request, but its customer services team was not satisfied that the verification
requirements were met. However, the Respondent confirmed that after a further review, it
was satisfied that the Data Subject had made reasonable efforts to verify the ownership of
the account with the information they now had available to them, and confirmed that the
Data Subject’s account had been deleted. The Respondent advised the DPC that it also
confirmed this with the Data Subject directly.
8. On 13 March 2024, the DPC’s letter outlining the action taken by the Respondent 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.
9. On 10 May 2024, the DPC was informed that the Data Subject was agreeable to the amicable
resolution proposal and wished to thank the parties involved in getting their complaint
resolved.
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10. On 15 May 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
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
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