In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with Der Hamburgische Beauftragte für
Datenschutz und Informationsfreiheit (Hamburg SA) 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 ON 12 MAY 2022)
Dated the 6th day of July 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 24 January 2019, (“the Data Subject”) lodged a complaint pursuant to Article
77 of the 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) of the GDPR, the Recipient SA transferred
the complaint to the DPC on 11 March 2021.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject received a number of regular, automated emails from the
Respondent relating to a Facebook account associated with their email address.
However, the Respondent did not have a Facebook account and submitted an access
request on 14 November 2018 requesting access to all information held by the
Respondent relating to them. The Data Subject also sought the subsequent deletion
of this data.
b. The Data Subject was not satisfied with the response received from the Respondent
and the emails continued to be received to their email address. The Data Subject then
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 his/her 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 8 June 2021, the DPC wrote to the Respondent to
formally commence its investigation and requested that it fully address the concerns raised.
8. Ove the course of the investigation, the Respondent explained that an active account existed
on its platform using the Data Subject’s email address. In order to verify the authenticity of
the account, the Respondent’s specialist team reached out to the Data Subject directly via
that email address and requested that they provide ID to confirm that they were the holder
of that email address.
9. On 22 August 2022, the Data Subject provided a copy of their ID directly to the DPC, to be
provided to the Data Controller solely for the purposes of verifying their identity and then
subsequently deleted. The DPC provided this to the Respondent accordingly, and requested
that it investigate the matter further.
10. Following its investigation, the Respondent confirmed that the email address in question was
associated with the account, but that the account did not appear to relate to the Data Subject.
As a result, the Respondent advised that it was unable to provide access to any information
associated with the account to the Data Subject. The Respondent confirmed that it had now
disassociated the Data Subject’s email address from the account, and advised the Data Subject
as to how they could report the account in the event they believed it was a fake or
impersonating account. The Respondent also advised that, in light of the fact that the account
was not associated with the Data Subject, it did not process any personal data relating to the
Data Subject save for the personal information provided by the Data Subject in connection
with their request.
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11. The Respondent reached out to the Data Subject directly to advise them of the outcome of its
investigation above. The DPC was notified of this on 30 September 2022, and a translated
copy of the Respondent’s correspondence with the Data Subject was provided on 16
November 2022.
12. On 1 December 2022, the DPC wrote to the Data Subject (via the Recipient SA) in relation to
the Respondent's correspondence above. In its letter, the DPC noted that the Data Subject’s
concerns appeared to have been addressed and that their email address had now been
disassociated from the account in question. In the circumstances, the DPC asked the Data
Subject to notify it, within a specified timeframe, if they were not satisfied with the outcome,
so that the DPC could take further action.
13. The Recipient SA confirmed to the DPC that this correspondence was sent to the Data Subject
on 9 January 2023. On 6 March 2023, the Recipient SA confirmed to the DPC that no response
had been received from the Data Subject.
14. On 25 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.
15. 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
16. 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.
17. 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:
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_____________________________
Deputy Commissioner
Data Protection Commission
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