In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Österreichische
Datenschutzbehörde 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 18th day of September 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 26 July 2021, (“the Data Subject”) lodged a complaint pursuant to Article 77
GDPR with the Österreichische Datenschutzbehörde (“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 21 November 2022.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject’s Facebook account had been disabled for a considerable amount of
time. Some time later, the Data Subject attempted to log back in to their Facebook
account, but received a notification that their account had been disabled for a
violation of the Respondent’s Community Standards and that reactivation was no
longer possible due to the length of time that had passed. On 24 July 2021, the Data
Subject submitted an access request in order to understand the reasons as to why
their account had been disabled.
b. In response, the Respondent provided the Data Subject with a number of URLs that
they could utilise in order to access their data. However, these were not applicable to
the Data Subject’s case due to the fact that they were unable to log in to their account.
c. The Data Subject attempted to send a follow-up email to the Respondent but the
email failed to deliver. The Data Subject remained unsatisfied and, accordingly, on 26
July 2021, 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
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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).
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 11 May 2022, the DPC wrote to the Respondent formally
commencing its investigation and requesting that it address the concerns raised.
8. In response, the Respondent explained that, due to the time that had elapsed since the
disablement, the Data Subject’s account had been deleted in accordance with the
Respondent’s standard retention timeframes in respect of disabled accounts. The Respondent
therefore retained very limited information in relation to the account. The Respondent
explained to the DPC what this limited information consisted of on a strictly confidential basis,
including certain limited information that was retained pursuant to Article 15(4) GDPR. The
Respondent explained that this information was retained as part of its efforts to prevent
individuals from committing repeated violations on its platform. The Respondent provided a
detailed explanation for its reliance on Article 15(4) in withholding that information from the
Data Subject, as well as the balancing test it was required to carry out in that regard.
9. The Respondent did not retain the precise reasons for the account disablement. However, the
Respondent referred the matter to its specialist team, who confirmed that the account had
been disabled for a violation of the Respondent’s Terms of Service and Community Standards.
The Respondent also provided illustrative reasons as to how such violations may occur, and
provided details as to how violations are detected and how they may be appealed.
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10. In light of the explanations provided by the Respondent as set out above, as well as the fact
that, by now, only limited information existed in relation to the Data Subject’s account, the
DPC considered it appropriate to conclude the complaint by way of amicable resolution.
Accordingly, on 19 July 2023, the DPC wrote to the Data Subject (via the Recipient SA) setting
out the explanations provided by the Respondent as set out above (save for any information
flagged as confidential) and 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. On 26 July 2023, the Recipient SA informed the DPC that the Data
Subject was satisfied that the complaint could be discontinued. As such, the DPC has now
deemed the complaint to have been amicably resolved.
11. On 10 August 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.
12. 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
13. 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
a. 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.
14. 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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