In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Complaint Reference Number:
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 12 February 2021.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject submitted an access request to the Respondent on 31 December
2018 and 1 January 2019, seeking access to a copy of a previously deleted Facebook
Messenger conversation with another party.
b. The Data Subject was dissatisfied 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
implementation of amicable settlements Version 2.0, adopted on 12 May 2022 (“Document
06/2022”), and considered that:
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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 deactivated, and that the Data Subject would need to
reactivate their account before they could download a copy of their personal data. In the
circumstances, the Respondent took the following action:
a. The Respondent provided the DPC with instructions on how the Data Subject could
reactivate their account and subsequently download a copy of their personal data
using its self-service tools.
b. The Respondent provided an explanation on why it is unable to recover Facebook
user’s deleted messages.
8. On 31 May 2021, the DPC outlined the Data Subject’s complaint to the Respondent. The DPC
noted that the Data Subject had contacted the Respondent on 31 December 2018 and 1
January 2019 requesting the restoration of a Facebook Messenger conversation with another
party, which had been deleted.
9. On 28 June 2021, the Respondent informed the DPC that it had carried out an internal
investigation into the Data Subject’s complaint, which determined that their account was
deactivated. The Respondent noted that once the Data Subject reactivated their Facebook
account they would be able to download a copy of their personal data using its self-service
tools. The Respondent provided the DPC with instructions on how the Data Subject could
reactivate their account. Concerning the deleted Facebook Messenger conversations, which
the Data Subject sought access to, the Respondent explained that deleted messages would
not be included in the information that could be downloaded using its self-service tools, as
once a user deletes their messages they are not recoverable.
10. On 11 August 2021, the DPC wrote to the Data Subject via the Recipient SA, outlining the
information provided by the Respondent. In the circumstances, the DPC asked the Data
Subject to notify it, within 2 months, 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:
_____________________________
Sandra Skehan
Deputy Commissioner
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