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 Urząd Ochrony Danych Osobowych
pursuant to Article 77 of the General Data Protection Regulation, concerning Apple Distribution
International
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 26th day of July 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 6 October 2023, (“the Data Subject”) lodged a complaint pursuant to
Article 77 GDPR with Urząd Ochrony Danych Osobowych (“the Recipient SA”) concerning
Apple Distribution International (“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 28 November 2023.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject submitted an access request to the Respondent. The Respondent
directed the Data Subject to use its online self-service tools. The Data Subject
confirmed that they obtained access to their personal data but subsequently
requested information about the specific third parties with whom the Respondent
shared their data.
b. The Respondent confirmed that it was working on providing the Data Subject with this
specific information. However, the Data Subject stated that they did not receive any
further response from 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. On 2 February 2024, the DPC wrote to the Respondent
commencing its examination of the complaint and requesting that it address the concerns
raised.
8. In response to the DPC’s investigation, the Respondent explained it had provided the Data
Subject with the requested information subsequent to the making of the complaint with the
Recipient SA but prior to the complaint having been transferred to the DPC. The Respondent
further explained that it had never failed to respond to the Data Subject’s request but, rather,
it required some additional time in order to compile the specific additional information (i.e.
the specific list of third parties) the Data Subject had requested.
9. In light of the explanations provided by the Respondent as set out above, and its confirmation
that the requested information had since been provided to the Data Subject, the subject
matter of the dispute between the Data Subject and the Respondent appeared to have been
resolved. The DPC subsequently wrote to the Data Subject (via the Recipient SA) outlining the
Respondent’s response to its examination as outlined above. 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. On 6 June 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.
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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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