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 (Hamburg DPA) 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 21st day of December 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 6 August 2020, (“the Data Subject”) initially lodged a complaint pursuant to
Article 77 of the GDPR with the Bavaria DPA, which was subsequently forwarded to Der
Hamburgische Beauftragte für Datenschutz und Informationsfreiheit (“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) of the GDPR, the Recipient SA transferred
the complaint to the DPC on 13 July 2023.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on 12 March 2019, 25 June 2020 and
again between February and May 2023, to request erasure of their Instagram account
which they no longer had access to.
b. The Respondent requested further information from the Data Subject with the aim of
verifying they were the rightful owner of the account in question. The Data Subject
provided the requested information to the Respondent, but this action did not result
in the account’s erasure from the Respondent’s platform.
c. As the Data Subject was not satisfied with the response received from the
Respondent, they lodged a complaint with the Recipient SA.
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
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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. The DPC first engaged with the Respondent on 4
September 2023. Further to that engagement, it was established that the Respondent
received the erasure request as well as the additional information provided by the Data
Subject on multiple occasions between 2019 and 2023. The Respondent acknowledged the
difficulties the Data Subject encountered in respect of their erasure request and apologised
for the customer service it had provided in this regard. As a gesture of goodwill, the
Respondent manually scheduled the account for permanent deletion.
8. On 4 October 2023, the DPC wrote to the Data Subject, via the Recipient SA, seeking their
views on the action taken by the Respondent. The DPC also requested the Data Subject to
notify it, within a specified timeframe, if they were not satisfied with the actions of the
Respondent, so that the DPC could take further action. The Recipient SA confirmed that they
issued this correspondence to the Data Subject on 5 October 2023.
9. On 10 October 2023, the Recipient SA informed the DPC that the Data Subject confirmed that
the action taken by the Respondent had resolved their complaint, but wished to receive
confirmation of the erasure having been completed.
10. On 10 November 2023, the Respondent advised the DPC that the account in question had
permanently been deleted from its platform. This information was subsequently conveyed to
the Recipient SA on 13 November 2023.
11. On 13 November 2023, and in light of the foregoing, the DPC wrote to the Recipient SA noting
that the DPC considered the complaint to have been amicably resolved and withdrawn in
accordance with section 109(3) of the Act and that it would conclude the case and inform the
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Respondent. On the same day, the Recipient SA confirmed receipt of the DPC correspondence,
which had advised that the complaint was deemed withdrawn.
12. 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
13. 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.
14. 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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