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 LinkedIn 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 12 MAY 2022
Dated the 19th day of September 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 17 October 2021, (“the Data Subject”) lodged a complaint pursuant to
Article 77 GDPR with the Data Protection Commission (“the DPC”) concerning LinkedIn Ireland
UC (“the Respondent”).
2. The DPC was deemed to be the competent authority for the purpose of Article 56(1) GDPR.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent requesting access to their personal data
following a suspected data breach.
b. The Data Subject was not satisfied with the response received from the Respondent.
The Respondent provided the Data Subject with a link to access their personal data.
c. The Data Subject remained dissatisfied with the response received from the
Respondent, stating that it had not yet provided them with information regarding to
whom their personal data had been disclosed. The Respondent assured the Data
Subject that their email address was not part of a data breach. Accordingly, the Data
Subject subsequently lodged a complaint with the DPC.
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 Data Subject, 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 and Respondent in relation to the subject matter
of the complaint. The DPC wrote to the Respondent asking that it address the concerns raised.
The DPC provided the Respondent with a summary of correspondence between the Data
Subject and the Respondent. The DPC noted that the Data Subject suspected that they had
been involved in a data breach as the Data Subject received spam and phishing emails to their
email address which had been exclusively used for the Respondent’s platform.
8. The Respondent informed the DPC that the Data Subject’s private information was not public
on its platform, and therefore claimed it was not subject to the data breach. The Respondent
confirmed that it provided the Data Subject with a copy of their personal data.
9. Following the Data Subject’s dissatisfaction with the response it received from the
Respondent, the DPC reiterated the Data Subject’s concerns to the Respondent. The
Respondent informed the DPC that the Data Subject had been affected by a historical data
breach, prior to the GDPR, and the Respondent notified the Data Subject at the time of the
breach, along with the DPC. The Respondent provided the Data Subject with a comprehensive
response addressing their concerns, and apologised for its handling of their complaint.
10. The Data Subject informed the DPC that it was satisfied with the response received from the
Respondent. The DPC noted that, the requested personal data having been provided by the
Respondent, and all of the Data Subject’s concerns addressed to their satisfaction, the dispute
between the Data Subject and Respondent appeared to have been resolved. 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.
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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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