In the matter of the General Data Protection Regulation
DPC Complaint Reference:
In the matter of a complaint, lodged by with the Data Protection
Commission 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 23rd day of June 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 1 October 2019, (“the Data Subject”), represented by their legal
representative, lodged a complaint pursuant to Article 77 of the GDPR with the Data
Protection Commission (“the DPC”) concerning Meta Platforms Ireland Limited (formerly
Facebook Ireland Limited) (“the Respondent”).
2. The DPC was deemed to be the competent authority for the purpose of Article 56(1) of the
GDPR.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject first contacted the DPC on 1 October 2019 regarding information
concerning them that had been uploaded to Respondent’s platform by a third-party
user. As the Data Subject had not contacted the Respondent in relation to this matter,
the DPC requested that the Data Subject put their request to the Respondent in the
first instance.
b. On 31 October 2019, the Data Subject lodged their request for erasure, pursuant to
Article 17 of the GDPR with the Respondent regarding one URL posted to the
Respondent’s platform by a third-party user, in which they believed that their
personal data appeared.
c. The Respondent replied to Data Subject on 28 November 2019 indicating that they
would not be removing the content, as they were of the view it was necessary for
exercising the right of freedom of expression and information under Article 17(3)(a)
d. As the Data Subject was not satisfied with the response received from the
Respondent, they expressed their wish to pursue their complaint with the DPC.
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
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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
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 and Respondent in relation to the subject matter
of the complaint. Further to the DPC’s first engagement with the Respondent on this matter,
the Respondent indicated that the content would remain on its platform, as in their view, it
was necessary for exercising the right of freedom of expression and information under Article
17(3)(a).
8. The DPC continued to engage with both the Data Subject and the Respondent in order to bring
about an amicable resolution to the complaint.
9. On 15 March 2023, the Respondent contacted the DPC to indicate that they had further
reviewed the complaint. Following this review, the Respondent indicated that the content in
question had been restricted, meaning that the content was no longer visible on the
Respondent’s platform for users within the EU. The Respondent also informed the Data
Subject of the action it had taken.
10. On 23 March 2023, the DPC’s letter outlining the action taken by the Respondent was sent to
the Data Subject as part of the amicable resolution process. 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 action taken by the Respondent, so that the DPC could take
further action. The DPC did not receive communication from the Data Subject objecting to the
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amicable resolution of their complaint; accordingly the complaint has been deemed to have
been amicably resolved.
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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