In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Complaint Reference Number:
In the matter of a complaint, lodged by with the Österreichische
Datenschutzbehörde 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 29th day of December 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 1 December 2021, (“the Data Subject”) lodged a complaint pursuant to
Article 77 GDPR with the Österreichische Datenschutzbehörde (“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) GDPR, the Recipient SA transferred the
complaint to the DPC on 14 June 2022.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject’s Facebook account was blocked following a password change which
appeared to have been made by an unauthorised third party. The Data Subject
submitted an access request by way of post in order to regain access to their account
and to their personal information.
b. The Data Subject stated that no response was received to their access request and
accordingly, the Data Subject 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
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 (via the Recipient SA) and Respondent in relation
to the subject matter of the complaint. On 1 September 2022, the DPC wrote to the
Respondent formally commencing its investigation and requesting that it address the
concerns raised.
8. In response to the DPC’s investigation, the Respondent explained that it had referred the
matter to its specialist team which confirmed that the Data Subject’s account showed signs of
compromise, and that this was the reason why the account had been blocked. As such, the
Respondent agreed to reverse the disablement of the account and reached out to the Data
Subject directly in order to facilitate them in regaining access. The Respondent also explained
that it maintains a dedicated support channel to assist its users with account security issues
and provided details of this in its response.
9. As part of Meta’s standard procedures for restoring access to compromised accounts, the
Data Subject was requested to provide a new secure email address and documentation in
order to verify themselves as the true account holder. The Data Subject initially encountered
issues with regaining access to their account following the completion of this process.
However, following further engagement between the Data Subject and the Respondent, the
Respondent confirmed that the Data Subject had now regained full access to their account.
10. In light of the explanations provided by the Respondent as set out above, and the fact that it
had facilitated the Data Subject in regaining full access to their account, the DPC considered
it appropriate to conclude the complaint by way of amicable resolution. On 26 September
2023, the DPC wrote to the Data Subject (via the Recipient SA) outlining the Respondent’s
response to its investigation. 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. On 28 November 2023, the Data Subject confirmed (via the
Recipient SA) that the matter was now resolved, and, accordingly, the complaint has been
deemed to have been amicably resolved.
11. On 28 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
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accordance with section 109(3) of the Act and that it would conclude the case and inform the
Respondent.
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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