In the matter of the General Data Protection Regulation
DPC Complaint Reference:
In the matter of a complaint, lodged by with the Data Protection Commission
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 25th day of September 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 14 February 2023, (“the Data Subject”) lodged a complaint pursuant to
Article 77 GDPR with the Data Protection Commission (“the DPC”) concerning Meta Platforms
Ireland Limited (“the Respondent”).
2. The DPC was deemed to be the competent authority for the purpose of Article 56(1) GDPR.
The Complaint
3. The details of the complaint were as follows:
a. On 11 February 2023, the Data Subject contacted the Respondent requesting access
to their personal data. The Data Subject noted that their Facebook account had been
hacked and appeared to have been disabled by the Respondent as a result.
b. In response, the Data Subject was informed that their account had been disabled for
a violation of its Terms of Use. The Data Subject was further informed that the
Respondent had reviewed this decision upon an appeal by the Data Subject and
decided to uphold the disablement.
c. The Data Subject was dissatisfied with the responses provided as they remained
unable to access their accounts and their full personal data. Accordingly, the Data
Subject lodged a complaint with the DPC.
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 Data Subject, 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
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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 Respondent in relation to the subject
matter of the complaint. On 13 June 2023, the DPC wrote to the Respondent formally
commencing its investigation and requesting that it address the concerns raised.
8. In its response, the Respondent explained how the Data Subject’s account had been disabled
for a violation of its Terms of Service and Community Standards; namely, impersonating
behaviour in violation of the Respondent’s Account Integrity and Authentic Identity policy.
The Respondent further explained that it had now reviewed the matter again and determined
that the account had been compromised (i.e. the violation was likely not committed by the
Data Subject themselves). As such, the Respondent agreed to reverse the disablement of the
account and took steps to secure the account and revert changes made to it by the
unauthorised third party. The Respondent confirmed that the Data Subject had subsequently
regained access to their account following their successful clearance of a security checkpoint
on 19 June 2023. The Respondent explained how the Data Subject could now obtain access to
their personal data using the self-service tools, if they wished to do so.
9. In light of the explanations provided by the Respondent as set out above, and the fact that it
had facilitated the Data Subject in regaining full access to their account, the DPC considered
it appropriate to conclude the complaint by way of amicable resolution. On 24 July 2023, the
DPC wrote to the Data Subject outlining the Respondent’s response to its investigation and
noting the confirmation received that they were now able to regain access to their account
and access their personal data. 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 did not receive any further communication from the Data
Subject and, accordingly, the complaint has been deemed to have been amicably resolved.
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10. 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
11. 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.
12. 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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