In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Hamburg Data Protection
Authority pursuant to Article 77 of the General Data Protection Regulation, concerning Meta
Platforms 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 12 MAY 2022
Dated the 21st day of October 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. (“the Data Subject”) lodged a complaint pursuant to Article 77 GDPR with
the Hamburg Data Protection Authority (“the Recipient SA”) concerning Meta Platforms
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 5 February 2021.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject submitted an access request directly to the Respondent on 5
September 2018 to request access to his/her personal data. The Data Subject had
previously deleted their Facebook account, and sought confirmation that the
Respondent had successfully deleted their account.
b. The Data Subject was not satisfied with the Respondent’s response.
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 his/her 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
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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 Facebook account had been deleted by the Respondent as requested, and
that there was no longer an account associated with the email address provided by the Data
Subject. In the circumstances, the Respondent agreed to take the following action:
a. The Respondent wrote to the Data Subject confirming that their Facebook account
had been deleted; and
b. The Respondent provided the Data Subject with information on how they could access
their personal data associated with its other services, including Instagram and
WhatsApp.
8. On 5 September 2018, the Data Subject submitted an access request directly to the
Respondent. On 7 September 2018, the Respondent confirmed that it was unable to find a
Facebook account associated with the Data Subject’s email address. On 26 September 2018,
the Data Subject replied directly to the Respondent, noting that they were not satisfied with
its response, and inquiring further as to what data the Respondent processes about them,
including in relation to the Respondent’s other services.
9. Following engagement with the DPC, on 5 July 2021 the Respondent confirmed to the DPC
that it had written directly to the Data Subject, confirming that the Data Subject’s Facebook
account was deleted. Concerning the Respondent’s other services such as Instagram and
WhatsApp, the Respondent confirmed that it had provided the Data Subject with information
on how they could access and manage the personal data associated with these services. The
DPC subsequently wrote to the Data Subject, outlining the information provided by the
Respondent. When doing so, the DPC noted that, with the Respondent confirming the
deletion of the Facebook account at issue, the matter which was the subject matter of this
complaint appeared to have been resolved. In the circumstances, the DPC asked the Data
Subject to notify it, within two months, if he/she was not satisfied with the outcome, so that
the DPC could take further action. The DPC did not receive any further communication from
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the Data Subject and, accordingly, the complaint has been deemed to have been amicably
resolved.
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, 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:
_____________________________
Sandra Skehan
Deputy Commissioner
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