In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Urząd Ochrony Danych Osobowych
(Poland 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 3 February 2021, (“the Data Subject”) lodged a complaint pursuant to Article
77 of the GDPR with the Urząd Ochrony Danych Osobowych (“the Recipient SA”) concerning
Meta Platforms Ireland Limited (formerly Facebook 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 20 May 2022.
The Complaint
3. The details of the complaint were as follows:
a. On 18 December 2020, the Data Subject contacted the Respondent by post to request
the erasure of their account on the Respondent’s Facebook platform, to which they
no longer had access, as a result of a bad actor gaining control of it. According to the
Data Subject, their password, email address and phone number associated with the
account had all been changed. The Data Subject received no response from the
Respondent to this postal request.
b. As such, the Data Subject stated that they had again contacted the Respondent, via
its web-form, and submitted their ID document as part of their request.
c. Again, the Data Subject did not receive any response from the Respondent.
d. As the Data Subject received no response from the Respondent, they 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. Further to that engagement, on 21 October 2022, the
Respondent requested that the Data Subject provide it with a new secure email address,
which its support team could use to correspond with the Data Subject for the purpose of
assisting them in regaining access to the account. The Respondent explained that once the
Data Subject had regained access to the account, they could then make use of the self-serve
tools in order to schedule the permanent deletion of the account.
8. The DPC engaged with the Data Subject, via the Recipient SA, in order to obtain a new secure
email address. The DPC provided the new, secure email address to the Respondent on 18
November 2022.
9. Subsequently, the Respondent informed the DPC that a member of its specialist team had
contacted the Data Subject directly on 5 December 2022, and 30 January 2023 respectively.
Within this correspondence, the Respondent offered to assist the Data Subject in regaining
access to their account, and requested further documentation necessary to verify that the
Data Subject was the rightful owner of the relevant account. The Respondent further advised
that in line with its retention policies, the ID documentation previously submitted had since
been deleted, and as such, the Respondent requested that the Data Subject provide it with a
scanned copy of their ID document. The Data Subject complied with this request and on 6
February 2023, the Respondent contacted them directly and confirmed to them that it
successfully verified their identity.
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10. On 2 March 2023, the Data Subject initially confirmed to the DPC (via the Recipient SA) that
they regained access to their account. Subsequently, after receiving further assistance from
the Respondent, on 11 April 2023, the Data Subject further confirmed that they initiated the
account deletion process.
11. On 20 April 2023, the Respondent confirmed to the DPC that the Data Subject’s account had
permanently been deleted.
12. The DPC’s letter outlining the actions taken by the Respondent as part of the amicable
resolution process issued to the Data Subject on 24 April 2023 via the Recipient SA. 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 actions taken by the Respondent, so
that the DPC could take further action. The Recipient SA thereafter issued this correspondence
to the Data Subject on 12 May 2023. On 13 June 2023, the Recipient SA confirmed that no
response had been received from the Data Subject.
13. 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 16 June 2023, the Recipient SA confirmed receipt of the DPC correspondence,
which had advised that the complaint was deemed withdrawn.
14. 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
15. 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.
16. 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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