In the matter of the General Data Protection Regulation
DPC Complaint Reference
IMI Reference:
In the matter of a complaint, lodged by with Der Hamburgische
Beauftragte für Datenschutz und Informationsfreiheit 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 23rd day of December 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 10 March 2021, (“the Data Subject”) lodged a complaint pursuant
to Article 77 GDPR with Der Hamburgische Beauftragte für Datenschutz und
Informationsfreiheit (“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 7 July 2021.
The Complaint
3. The details of the complaint were as follows:
a. On 10 March 2021, the Data Subject contacted the Respondent to request the erasure
of their account on the Facebook platform, pursuant to their rights under Article 17(1)
GDPR.
b. On the same day, the Respondent replied to the Data Subject and requested that they
first login to their account, and then follow the steps to delete the account. However,
the Data Subject could no longer gain access to their account, as they could not
remember their login details, and thus could not initiate the deletion of the account.
c. As the Data Subject was not satisfied with the response received from the Respondent
regarding their request, the Data Subject lodged a complaint with their local
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 and a service provider); and
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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 (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 had supplied the Respondent with identification documentation to verify
their identity. However, the Respondent noted that the information supplied did not match
the information on the account. As the Respondent could not verify that the identity of the
Data Subject was that of the account holder, the Respondent could not proceed with the
erasure of the account. In the circumstances, the Respondent agreed to take the following
action:
a. The Respondent agreed to review the Data Subject’s request for erasure again. As
part of this review, the Respondent advised that a member of its specialist team
would contact the Data Subject directly to confirm that their identity was that of the
account holder.
8. On 15 December 2021, the Respondent informed the DPC that a member of its specialist team
had contacted the Data Subject directly to request further documentation necessary to verify
that the Data Subject was the rightful owner of the relevant account. The DPC thereafter
issued correspondence to the Data Subject via the Recipient SA, on 30 December 2021, to
provide them with an update on their complaint.
9. Subsequent to this, the DPC received additional correspondence from the Data Subject on 9
March 2022, via the Recipient SA, advising that they had encountered a technical difficulty
when attempting to submit further documentation to the Respondent. In their
correspondence to the DPC, the Data Subject provided supplementary information, along with
a copy of an identity document, to be forwarded to the Respondent.
10. The DPC provided this information to the Respondent on 15 March 2022. Following this
further engagement with the Respondent by the DPC, and taking into account the
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supplementary information provided by the Data Subject, the Respondent informed the DPC
on 01 April 2022 that the Data Subject’s account had been scheduled for erasure.
11. Following recipient of this correspondence from the Respondent, the DPC communicated
further with the Data Subject. In a letter that issued to the Data Subject on 10 May 2022, via
the Recipient SA, the DPC requested confirmation from the Data Subject that the actions taken
by the Respondent were sufficient to amicably resolve their complaint.
12. The DPC received confirmation from the Recipient SA on 19 October 2022 that the Data
Subject was agreeable to the amicable resolution of their complaint, and that the file could
be closed.
13. 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
14. 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.
15. 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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