The DPC received a complaint in September 2020, via its complaint webform, against Google Ireland Limited (YouTube). The complaint was made by a parent acting on behalf of their child and concerned a YouTube channel/account. The YouTube channel/account had been set up when the child was ten years old and at a time when they did not appreciate the consequences of posting videos online.

Although the complaint was made directly to the DPC by an Irish resident, upon assessment it was deemed to constitute a cross-border complaint because it related to YouTube’s general operational policies and, as YouTube is available throughout the EU, the processing complained of was therefore deemed to be of a kind “which substan- tially affects or is likely to substantially affect data subjects in more than one Member State” (as per the definition of cross-border processing under Article 4(23) of the GDPR) .

According to the complainant, the child no longer had control over the account as they had lost their passwords and the account was no longer in use . However, classmates of the child had discovered the videos, previously posted by the child which were now the subject of embarrassment to the child . The parent of the child had engaged in extensive correspondence with Google, seeking inter alia the erasure of the account from the YouTube platform . The parent had provided the URL for a specific video on the account and for the account itself . The parent was informed by Google, on a number of occasions, that it had taken action and removed the content from the platform . However, the parent repeatedly followed up to note that the content had not in fact been removed and was still available online . As she considered that the complaint had not been appropriately addressed she raised the matter with the DPC .

This complaint was identified as potentially being capable of amicable resolution under Section 109 of the Data Protection Act 2018, with both the individual and Data Controller agreeing to work with the DPC to try to amicably resolve the matter . The DPC investigated the background to the complaint and noted that it appeared that Google had removed a specific video from the account, for which the URL had been provided, but it had not removed the account in its entirety, with the result that further videos remained online .

The DPC communicated with Google on the matter and informed Google of the particular background of the complaint . Google immediately took action and removed the YouTube account in its entirety. Google confirmed that a misunderstanding had arisen as its support team had incorrectly assessed the URL for a specific video provided by the complainant, rather than the entire account .

The DPC informed the parent of the outcome and it proposed an amicable resolution to the complaint . The parent thereafter informed the DPC that she had recently become aware of another YouTube channel that her child had created, which again was no longer in use, and the child wanted deleted . The DPC corresponded further with Google and Google confirmed it had taken immediate action to remove the account and informed the parent of the actions it had taken .