In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Dutch Data Protection
Authority (Autoriteit Persoonsgegevens) pursuant to Article 77 of the General Data Protection
Regulation, concerning Meta Platforms Ireland Limited (formerly Facebook Ireland 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 13th day of October 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 27 December 2020, (“the Data Subject”) lodged a complaint pursuant
to Article 77 GDPR with the Dutch Data Protection Authority (“the Recipient SA”) concerning
Meta Platforms Ireland Limited (formerly Facebook Ireland 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) GDPR, the Recipient SA transferred the
complaint to the DPC on 10 January 2021.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject emailed the Respondent on 4 August 2020, 23 August 2020, 26 and
29 September 2020, and 18 October 2020 to request deletion of their personal data.
b. The Data Subject asserted that, in the Respondent’s reply to them, the Respondent
treated their erasure request as an account recovery request. The Data Subject was
dissatisfied with the responses from the Respondent.
c. As the Data Subject was not satisfied with the responses received from the
Respondent regarding the concerns raised, the Data Subject lodged a complaint with
their supervisory authority.
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. Further to that engagement, it was established that
the Data Subject’s account was not blocked or restricted in any way. In the circumstances, the
Respondent agreed to take the following action:
a. The Respondent advised that the Data Subject could schedule their account for
deletion using the step-by-step instructions provided by the Respondent; and
b. The Respondent further advised that, should the Data Subject encounter difficulties
in accessing their account, the Respondent would provide further assistance to the
Data Subject, upon the verification of their account.
8. The DPC engaged with both the Data Subject (via the Recipient SA) and the Respondent in
relation to the subject matter of the complaint. Further to that engagement, the Respondent
provided a detailed response to the DPC explaining how the Data Subject could delete their
account and offered assistance should the Data Subject encounter difficulties.
9. On 8 March 2022, the DPC wrote to the Data Subject, via the Recipient SA. 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 information provided by the
Respondent, so that the DPC could take further action. The Recipient SA confirmed that they
issued this update to the Data Subject on 29 March 2022, and on 30 June 2022, the Recipient
SA confirmed that no response had been received from the Data Subject.
10. On 18 August 2022, 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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