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 Der Hamburgische Beauftragte für
Datenschutz und Informationsfreiheit (Hamburg DPA) 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 7th day of June 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 19 June 2019, (“the Data Subject”) lodged a complaint pursuant to
Article 77 GDPR with Der Hamburgische Beauftragte für Datenschutz und Informationsfreiheit
(“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 4 May 2021.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on 13 May 2019 requesting access to
their personal data and subsequent erasure of their data.
b. The Respondent’s response directed the Data Subject to its self-service tools and
provided details regarding the personal data it collects, how they are used, who they
are shared with and the technical and organisational security measures it implements
to safeguard them.
c. The Data Subject, who noted that they did not have an account with the Respondent
since 2015, was not satisfied with the response received from the Respondent as it
did not address their data specifically, nor the deletion of those data.
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. On 6 May 2022, the DPC wrote to the Respondent
outlining the subject matter of the complaint and requesting that the Respondent action the
Data Subject’s requests.
8. In its response to the DPC of 20 May 2022, the Respondent explained that, following receipt
of the DPC’s letter, it had reached out to the Data Subject directly on 19 May 2022 and
attempted to address their concerns. In its correspondence to the Data Subject, the
Respondent explained that its specialist team investigated the matter and confirmed that
there was no account associated with the Data Subject’s email on its platform. The
Respondent further explained to the Data Subject that when an account is permanently
deleted it generally does not retain any information about that account, subject to certain
limited exceptions. The Respondent also provided links to articles further explaining the
process of account deletion as well as what data may be kept and under which limited
circumstances. A copy of this correspondence was provided to the DPC as part of the
Respondent’s response.
9. The DPC assessed the correspondence received from the Respondent and noted the
Respondent’s confirmation that it did not continue to hold any data associated with the Data
Subject’s old account. In light of the explanations provided, the DPC considered that the Data
Subject’s concerns had been addressed. In the circumstances, the DPC then wrote to the Data
Subject proposing amicable resolution on this basis. In this correspondence, the DPC asked
the Data Subject to notify it, within two months, if they were not satisfied with this position
so that the DPC could take further action. The DPC did not receive any further communication
from the Data Subject and, accordingly, the complaint has been deemed to have been
amicably resolved.
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10. On 2 May 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.
11. 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
12. 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.
13. 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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