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 the Austrian
Datenschutzbehorde 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 6th day of July 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 22 February 2022, (“the Data Subject”) lodged a complaint pursuant
to Article 77 GDPR with the Austrian Datenschutzbehorde (“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 20 May 2022.
The Complaint
3. The details of the complaint were as follows:
a. On 27 November 2021, the Data Subject made an access request to the Respondent
pursuant to Article 15 GDPR, seeking access to all information to their Facebook and
Instagram accounts. The Data Subject noted that their Facebook and Instagram
accounts had both been suspended and that they were unable to avail of the self-
service tools for downloading their data.
b. The Respondent’s responses did not appear to identify the matter as a valid access
request and instead directed the Data Subject to Help Centre articles about how to
reset a password and restore access to an account. The Data Subject explained to the
Respondent that this information was not what they were looking for, but no further
response was received.
c. As the Data Subject was dissatisfied with the response provided by the Respondent,
the Data Subject subsequently 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:
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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 (via the Recipient SA) and Respondent in relation
to the subject-matter of the complaint. On 30 September 2022, the DPC wrote to the
Respondent formally commencing its investigation and requesting the Respondent to address
the concerns raised. The DPC also asked the Respondent to explain the investigatory steps
taken prior to the suspension of the Data Subject’s accounts.
8. On 11 November 2022, the Respondent replied to the DPC, explaining that the Data Subject’s
Facebook account had been disabled for a serious violation of the Respondent’s terms and
policies. The Respondent further explained that its specialist team had since reviewed the
matter again and identified signs that the account had been compromised and that the serious
violation referred to above had occurred during the time the account was compromised (i.e.
were likely not committed by the Data Subject themselves). As such, the Respondent agreed
to reverse the disablement and requested that the Data Subject provide it with a new secure
email address to be associated with the account in order to do so. The Respondent explained
how the Data Subject could obtain access to their personal data using the self-service tools,
once they had regained access to their account.
9. The Respondent also confirmed that the Data Subject’s Instagram account had not been
disabled and remained active.
10. The Data Subject (via the DPC) provided a new secure email address as requested and
successfully regained access to their account. The Respondent was able to confirm this via its
internal records. The Respondent also explained that, as an added security measure, it had
also reset the password of the Instagram account and associated that account with the new
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secure email address provided by the Data Subject. The Respondent again explained how the
Data Subject could access their data in respect of both accounts using the self-service tools, if
they still wished to do so.
11. On 23 February 2023, the DPC wrote to the Data Subject via the Recipient SA outlining the
Respondent’s response to their complaint. In light of the Respondent’s confirmation that
access to the accounts in question had been restored, as well as the explanations provided
regarding how the Data Subject could now access their personal data, the DPC considered that
the dispute between the Data Subject and Respondent appeared to have been resolved. 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. On 9
May 2023, the Recipient SA confirmed to the DPC that no response had been received within
that time. Accordingly, the complaint has been deemed to have been amicably resolved.
12. On 2 June 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.
13. 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
14. 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.
15. 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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