In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Commission Nationale de
l'Informatique et des Libertés (France DPA), pursuant to Article 77 of the General Data Protection
Regulation, concerning Microsoft Ireland Operations 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 30th day of August 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 12 February 2023, (“the Data Subject”) lodged a complaint pursuant to
Article 77 of the GDPR with the Commission Nationale de l'Informatique et des Libertés (“the
Recipient SA”) concerning Microsoft Ireland Operations 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 23 August 2023.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject first contacted the Respondent in January 2023, requesting the
deletion of their account from the Respondent’s Minecraft platform, pursuant to
Article 17 of the GDPR.
b. In its response, the Respondent informed the Data Subject that they would be
required to answer a series of pre-set security questions in order to verify themselves
as the owner of the account in question. The Data Subject subsequently provided a
response in respect of certain questions posed, however, the Respondent was not
satisfied that the answers provided were sufficient in verifying ownership of the
account. Within its response to the Data Subject, the Respondent noted that while
the answers provided did not meet the criteria for verifying ownership in order to
process the erasure request, it had taken steps to deactivate the account, and
informed the Data Subject that they could continue to submit answers in order to
verify their ownership of the account.
c. 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 their 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, in its response to the
DPC of 23 April 2024, the Respondent reaffirmed its previous position that it maintained
reservations in respect of the Data Subject’s ownership of the account in question, due to the
incomplete answers provided to the security questions. In the interest of reaching an amicable
resolution, the Respondent also confirmed that the account is scheduled to be deleted no
later than March 2025, and noted this could be expedited through the Data Subject’s
engagement with the Respondent’s relevant teams, and providing sufficient answers to the
security questions.
8. The DPC’s letter outlining the information provided as part of amicable resolution process was
sent to the Recipient SA on 25 April 2024, for onward transmission to the Data Subject. The
Recipient SA thereafter sent the DPC’s letter to the Data Subject on 24 May 2024. This letter
requested a response from the Data Subject within a specified timeframe, if they objected to
the amicable resolution of their complaint. On 17 June 2024, the Recipient SA confirmed that
the Data Subject provided no further response.
9. On 4 July 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
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Respondent. On 5 July 2024, the Recipient SA confirmed receipt of the DPC’s correspondence,
which had advised that the complaint was deemed withdrawn.
10. 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
11. 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.
12. 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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