In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Commission Nationale de
l'Informatique et des Libertés 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 20th day of January 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. In September 2020, (“the Data Subject”) lodged a complaint pursuant to Article
77 GDPR with Commission Nationale de l'Informatique et des Libertés (“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 13 December 2021.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on 11 September 2020, requesting the
erasure of their personal data that had been uploaded by a third party user on the
Facebook platform, pursuant to Article 17 of the GDPR.
b. The Respondent reviewed the request and replied to the Data Subject advising that
none of the grounds of Article 17 (1) of the GDPR appeared to apply. Accordingly, the
Respondent refused to comply with the Data Subject’s request.
c. As the Data Subject was not satisfied with the response received from the Respondent
regarding the concerns raised, 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 his/her 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 the DPC’s engagement with the
Respondent, on 20 July 2022 the Respondent advised the following:
a. it had further reviewed the complaint and following this review, it was of the view
that no grounds for the removal of the content existed under Article 17 of the GDPR.
b. the content identified did not violate Meta’s Terms of Service or Community
Standards, and as such would not be removed.
8. The DPC continued to engage with the Respondent in order to bring about an amicable
resolution to the complaint.
9. On 15 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. On 16 September 2022, the Respondent contacted the Data Subject directly,
informing them that the content in question had been restricted, meaning that the content
was no longer visible on the Facebook platform for users within the EEA and UK. The
Respondent also informed the DPC of the actions it had taken.
10. On 6 October 2022, the DPC wrote to the Data Subject via the recipient SA seeking their views
on the actions taken by the Respondent and also stating that the DPC’s understanding of
restricting access to content in the EU includes both the EEA and the UK. The DPC’s letter
issued to the Recipient SA on 12 October 2022. The Recipient SA thereafter issued this
correspondence to the Data Subject on 02 November 2022. In this correspondence, the DPC
requested a reply, within a stated timeframe.
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11. On 23 November 2022, the recipient SA confirmed that no response had been received from
the Data Subject.
12. On 30 November 2022, 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
Respondent.
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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