In the matter of the General Data Protection Regulation
DPC Complaint Reference
IMI Reference
In the matter of a complaint, lodged by with the 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 27th day of February 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 12 June 2019, (“the Data Subject”) initially lodged a complaint pursuant to
Article 77 GDPR with the State Commissioner for Data Protection and Freedom of Information
of Baden-Württemberg, which was subsequently forwarded to the 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 May 2021.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject emailed the Respondent on 20 January 2019, to request the erasure
of all data associated with their email address that they believed was affiliated with
an Instagram account, which they did not create.
b. The Respondent replied to the Data Subject on 18 April 2019. The Data Subject was
dissatisfied with the response received from the Respondent.
c. As the Data Subject was not satisfied with the response received from the Respondent
regarding the concerns raised, 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
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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 the engagement with the Respondent, it
was established that while the Data Subject’s email address was associated with an Instagram
account, the Data Subject had not created this account. In the circumstances, the Respondent
agreed to take the following action:
a. The Respondent agreed to grant the Data Subject’s erasure request of their personal
data from the account; and
b. To enlist their specialist team to remove the Data Subject’s email address from the
Instagram platform.
8. On 07 June 2022, the Respondent confirmed that their specialist team had removed the Data
Subject’s email address from the Instagram platform.
9. On 30 June 2022, the DPC wrote to the Data Subject, via the Recipient SA. In its
correspondence to the Data Subject, the DPC requested that the Data Subject notify it, within
a specified timeframe, if they were not satisfied with the actions taken by the Respondent, so
that the DPC could take further action. The Recipient SA confirmed that they issued the
correspondence to the Data Subject on 24 July 2022. The DPC did not receive any further
communication from the Data Subject and, accordingly, the complaint has been deemed to
have been amicably resolved.
10. On 28 October 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.
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11. On 18 January 2023, 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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