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 (France 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 19th day of May 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 7 June 2018, (“the Data Subject”) lodged a complaint pursuant to Article
77 of the GDPR with the 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) of the GDPR, the Recipient SA transferred
the complaint to the DPC on 20 January 2020.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject made an erasure request pursuant to Article 17 of the GDPR,
requesting the erasure of personal data concerning him, that had been uploaded to
the Respondent’s platform by a third party user.
b. The Respondent reviewed the request and determined that the content did not satisfy
any of the criteria for erasure under Article 17 of the GDPR. 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 concern 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 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 this
matter on 12 March 2020. Further to that engagement, on 26 March 2020, the Respondent
advised that they had further reviewed the complaint and following this review, they were of
the view that no grounds for the removal of the content existed under Article 17 of the GDPR.
8. The DPC continued to engage with both the Data Subject and the Respondent (via the
Recipient SA) in order to bring about an amicable resolution to the complaint. Over the course
of the handling of the complaint, the DPC maintained regular contact with the Data Subject
to keep them informed of the progression and status of their complaint.
9. On 16 September 2022, the Respondent contacted the Data Subject directly, informing them
that the content in question had been restricted within France, which is where the Data
Subject was based. The Respondent also informed the DPC of the action it had taken.
10. On 7 October 2022, the DPC wrote to the Data Subject via the Recipient SA seeking their views
on the action taken by the Respondent. The Recipient SA thereafter issued this
correspondence to the Data Subject on 3 November 2022. In this correspondence, the DPC
requested a reply from the Data Subject, within a stated timeframe if they were not agreeable
to the amicable resolution of their complaint.
11. As the DPC did not receive any further communication from the Data Subject indicating their
rejection of this amicable resolution, on 14 December 2022, and in light of the foregoing, the
DPC wrote to the Recipient SA. In this correspondence, the DPC advised it 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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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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