In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Garante per la protezione dei dati
personali 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 4th day of September 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 27 January 2022, (“the Data Subject”) lodged a complaint pursuant to
Article 77 GDPR with the Garante per la protezione dei dati personali (“the Recipient SA”)
concerning Meta Platforms Ireland Limited (“the Respondent”).
2. In the 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 16 May 2022.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject had purchased a new smartphone and attempted to log in to their
Facebook account. The Data Subject requested a password reset in order to do so.
However, the Data Subject had also changed their phone number and so had no
access to the phone number to which the password reset message was sent.
b. The Data Subject submitted an access request to the Respondent in order to regain
access to their account and to access the personal data contained in it. In the
alternative, the Data Subject requested the erasure of their account should it not be
possible for them to obtain access as requested.
c. The Data Subject stated that no response was received from the Respondent and,
accordingly, on 27 January 2022, 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 and the Respondent in relation to the subject
matter of the complaint. On 14 November 2022, the DPC wrote to the Respondent formally
commencing its investigation and requesting that it address the concerns raised. The DPC
requested that the Respondent write to the Data Subject directly and provide them with a
copy of their data.
8. In response, the Respondent referred the matter to its specialist team who carried out a
review of the account. In light of this, the Respondent explained that it had already reached
out to the Data Subject upon receipt of their access request letter (the letter having been
received on 24 November 2021) and, on 26 November 2021, provided the Data Subject with
a password reset link using the information provided. The Respondent confirmed that the
Data Subject had since regained access to their account using the password reset link.
9. The Respondent also detailed how the Data Subject could access and download the data
associated with their account using the self-service tools. The Respondent noted that, since
regaining access to their account, the account had been user-deactivated on 5 July 2022. The
Respondent explained the difference between account deactivation and account deletion,
noting that the Data Subject still had the option of reactivating their account and availing of
those self-service tools if they so wished.
10. On 19 January 2023, the DPC wrote to the Data Subject via the Recipient SA in order to verify
that the Data Subject was able to successfully reactivate their account and could access their
data as stated by the Respondent. On 30 January 2023, the Recipient SA confirmed to the DPC
that the Data Subject had confirmed to it directly that they had successfully regained access
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to their account and had asked for their complaint to be closed. In light of this, the DPC
considered it appropriate to conclude the complaint by way of amicable resolution.
11. Accordingly, on 22 February 2023, the DPC wrote to the Data Subject (via the Recipient SA)
formally notifying them that the DPC proposed to conclude the complaint by way of amicable
resolution. 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. The DPC received no further communication from the Data Subject. As such, and
further noting the fact that the Data Subject had already expressly indicated on 30 January
2023 that their complaint had been resolved, the DPC has now deemed the complaint to have
been amicably resolved.
12. On 29 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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