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
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 20th day of November 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 27 February 2020, (“the Data Subject”) lodged a complaint pursuant to
Article 77 GDPR 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. On 4 February 2019, the Data Subject made an access request to the Respondent
following the disablement of their account.
b. The Data Subject did not receive a response and, accordingly, lodged a complaint with
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 Data Subject, 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 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:
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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 and Respondent in relation to the subject matter
of the complaint. On 27 April 2020, the DPC wrote to the Respondent formally commencing
its investigation and requesting that it address the concerns raised. The DPC investigated the
matter over a considerable period of time.
8. In response to the DPC’s investigation, the Respondent explained that the Data Subject’s
account was disabled for a violation of its Terms of Service and that, due to the length of time
that had passed since the disablement, the account had since been permanently deleted in
accordance with its standard deletion policies. As such, and save for certain limited details,
the Respondent did not retain any further information in relation to the account.
9. Regarding the lack of response received to the access request, the Respondent explained that
the email address to which the request was sent was not a valid email address and so the
request was not received. However, the Data Subject claimed that they had contacted the
Respondent on a number of different occasions and raised a number of tickets relating to their
attempts to regain access to their account and their personal data. In response to this aspect
of the complaint, the Respondent explained that these communications were made to its
‘Facebook Concierge’ channel. The Respondent further explained that this channel is
dedicated to assisting users who are experiencing issues relating to their Advertising or
Business Manager accounts. The Respondent provided copies of its correspondence with the
Data Subject through this channel, explaining that the relevant teams responding to the Data
Subject had attempted to direct the Data Subject to the correct channels for submitting their
data protection concerns. However, the Data Subject continued to pursue their concerns with
the ‘Facebook Concierge’ channel only, but to no avail.
10. In the interest of achieving an amicable resolution to the complaint, the Respondent and the
Data Subject engaged directly in relation to the Data Subject’s outstanding concerns.
Subsequent to this engagement, on 10 October 2023, the Data Subject wrote to the DPC
stating that “I write to formally withdraw my complaint…because I am satisfied that it has
been amicably resolved by [the Respondent].” 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.
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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.
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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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