In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Agencia Española de
Protección de Datos (Spain DPA) 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 5th day of September 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 14 June 2022, (“the Data Subject”), lodged a complaint pursuant
to Article 77 of the GDPR with the Agencia Española de Protección de Datos (“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 19 October 2022.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject made a request to the Respondent on 13 March 2022, under Article
17 of the GDPR, for the erasure of one URL link containing personal data concerning
them, which had been uploaded to the Instagram platform by a third-party user.
b. The Respondent replied to the Data Subject rejecting their request for erasure on the
basis that they found no grounds for removal of the content under Article 17(1).
c. As the Data Subject was not satisfied with the response received from the
Respondent, the Data Subject 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
b. The nature of the complaint (in this case, an unsuccessful attempt by the Data Subject
to exercise their data subject rights).
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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 engagement with the Respondent on 28 December
2022, the Respondent advised that they were of the view that no grounds for the removal of
the content existed under Article 17 of the GDPR.
8. The DPC continued to engage with both the Data Subject and the Respondent (via the
Recipient SA) in order to bring about an amicable resolution to the complaint. Over the course
of the handling of the complaint, the DPC maintained regular contact with the Data Subject
to keep them informed of the progression and status of their complaint
9. On 12 May 2023, the Respondent contacted the DPC to indicate that following a further
review of the content by their specialist team, the content had been removed from the
Respondent’s platform.
10. On 16 May 2023, the DPC wrote to the Data Subject via the Recipient SA, seeking their views
on the action taken by the Respondent. In this correspondence, the DPC requested a reply,
within a stated timeframe.
11. On 13 June 2023, the Recipient SA confirmed to the DPC that no response had been received
from the Data Subject.
12. On 15 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. On the same day, the Recipient SA confirmed receipt of the DPC correspondence,
which had advised that the complaint was deemed withdrawn.
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.
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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:
_____________________________
Deputy Commissioner
Data Protection Commission
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