In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Autoriteit
Persoonsgegevens (Netherlands 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 28th day of April 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
1
Background
1. On 1 July 2021, (“the Data Subject”) lodged a complaint pursuant
to Article 77 of the GDPR with the Autoriteit Persoonsgegevens (“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) of the GDPR, the Recipient SA transferred
the complaint to the DPC on 26 January 2022.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject made an erasure request on 5 February 2021 to the Respondent
pursuant to Article 17 of the GDPR, requesting the erasure of their account on the
Respondent’s Facebook platform, which they no longer had access to.
b. In their response to the Data Subject on 21 April 2021, the Respondent asked the Data
Subject to verify their identity by submitting a copy of a scanned ID document, which
the Data Subject complied with on the same day.
c. As the Data Subject did not receive any further response 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
2
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 contacted the Respondent on 23 May
2022. Further to that engagement, on 7 June 2022 the Respondent advised the DPC that its
specialist team responsible for ID verifications had not been satisfied with the ID
documentation that had previously been provided by the Data Subject on 21 April 2021 and
it had previously communicated this decision to the Data Subject. The Respondent also
provided the DPC with a copy of its correspondence to the Data Subject regarding this matter.
8. The Respondent further advised that it had received further correspondence from the Data
Subject on 4 June 2021 but it acknowledged that they had failed to respond to it. This lack of
action was due to a human error on behalf of the Respondent.
9. In its correspondence to the DPC on 7 June 2022, the Respondent also confirmed to the DPC
that as part of amicable resolution process, that it had further reviewed the information
previously provided by the Data Subject and following this review it was sufficiently able to
verify the Data Subject’s identity. The Respondent also informed the DPC that its specialist
team would contact the Data Subject and assist them in regaining access to their account after
which the Data Subject would be able to make use of a self-serve deletion tool in order to
schedule the permanent deletion of their account.
10. The DPC’s letter outlining the actions taken by the Respondent as part of the amicable
resolution process issued to the Recipient SA on 17 June 2022, for onward transmission to the
Data Subject. 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 to
the DPC that it issued this correspondence to the Data Subject on 13 November 2022. The
DPC received no response from the Data Subject to this letter.
3
11. On 9 February 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
Respondent. To date, no response has been received by the DPC from the Recipient SA.
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
4