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 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 9th day of December 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 14 July 2020, (“the Data Subject”) lodged a complaint pursuant to
Article 77 GDPR directly with the Data Protection Commission (“the DPC”) concerning Meta
Platforms Ireland Limited (formerly Facebook Ireland Limited) (“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 first contacted the DPC on 14 July 2020 raising concerns in
relation to images of the Data Subject, that had been uploaded to the Instagram
platform by a third party user. As the Data Subject had not previously done so,
the DPC advised that they raise the matter with the Respondent in the first
instance.
b. Therefore, on 21 July 2020, the Data Subject emailed the Respondent, and made
a request under Article 17 of the GDPR for the deletion of their personal data on
the Instagram platform.
c. The Data Subject received a response from the Respondent to their request on 24
July 2020. In this response, the Respondent refused to comply with the Article 17
request and the erasure of the images from the Instagram platform.
d. As the Data Subject was not satisfied with the response received from the
Respondent, the Data Subject made a complaint to 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 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:
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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).
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. Further to that engagement, the Respondent advised that they had further
reviewed the complaint and following this review, they were of the view that no grounds for
the removal of the content existed under Article 17 of the GDPR.
8. The DPC continued to engage with both the Data Subject and the Respondent in order to bring
about an amicable resolution to the complaint.
9. On 15 August 2022, in an effort to amicably resolve the complaint in question, the DPC
contacted the Respondent seeking their cooperation in removing the personal data in
question. On 16 September 2022, the Respondent contacted the Data Subject directly,
informing them that the content in question had been disabled. It is the DPC’s understanding
that disablement of content means that the data had been deleted. The Respondent also
informed the DPC of the actions it had taken.
10. On 6 October 2022, the DPC wrote to the Data Subject seeking their views on whether the
actions taken by the Respondent were sufficient in amicably resolving the complaint. The Data
Subject replied to the DPC on 11 October 2022, noting that the actions taken were sufficient,
and confirming that the case could be considered amicably resolved.
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.
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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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