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 31 May 2021, (“the Data Subject”) lodged a complaint pursuant to Article 77
GDPR directly with the Data Protection Commission (“the DPC”) concerning Meta Platforms
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 emailed the Respondent on 31 March and 24 April 2021. In these
emails, the Data Subject made a request under Article 17 of the GDPR for the erasure
of their personal data, including their accounts on both the Facebook and Instagram
platforms.
b. On 31 May 2021, the Data Subject informed the DPC that they had not received any
response from the Respondent, and as such requested that the DPC pursue the matter
further.
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 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
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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 and Respondent in relation to the subject matter
of the complaint. Further to that engagement, the Respondent advised the DPC that upon
reviewing the complaint, the Data Subject’s accounts had been disabled for violations of the
Respondent’s Terms of Service and Community Guidelines.
8. On 04 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.
9. On 26 August 2022, the Respondent informed the DPC that upon further review by their
specialist team, there was evidence to suggest that the Data Subject’s accounts on both the
Facebook and Instagram platforms may have been compromised. On this basis, the
Respondent agreed to proceed with the deletion of the accounts.
10. The DPC’s letter outlining the information provided by the Respondent issued to the Data
Subject on 22 September 2022. When doing so, the DPC noted that the Respondent had
agreed to the erasure of their accounts. In the circumstances, the DPC asked the Data Subject
to notify it, within a specified timeframe, 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.
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;
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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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