In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the State Data Protection
Inspectorate (Lithuania DPA) 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 6th day of November 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 20 March 2023, (“the Data Subject”) lodged a complaint pursuant to Article
77 GDPR with the State Data Protection Inspectorate (Lithuania DPA) (“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) GDPR, the Recipient SA transferred the
complaint to the DPC on 14 April 2023.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject attempted to download a copy of their data via the Respondent’s
self-service tools, but noted that their account appeared to have been disabled.
b. The Data Subject then submitted an access request but, after some correspondence
with the Respondent, they remained unable to access their account and their data.
Accordingly, 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.
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
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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 23 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 that it had referred the matter to its specialist team
which confirmed that the Data Subject’s account had been placed in a security checkpoint.
The Respondent explained that the reasons why an account may be placed in such a
checkpoint and confirmed that, in the Data Subject’s case, this was due to the detection by
the Respondent of an unfamiliar login on the Data Subject’s account.
9. The Respondent further explained that its specialist team had since reviewed the checkpoint
placed on the Data Subject’s account and facilitated the Data Subject in regaining full access
to the account. As a result, the Data Subject had full access to the self-service tools through
which they could access and download their personal data. The Respondent also wrote to the
Data Subject directly to advise them of the above and provided a copy of this correspondence
to the DPC.
10. 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 26 July 2023, the
DPC wrote to the Data Subject (via the Recipient SA) 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. On 14 September 2023, the Recipient SA
confirmed to the DPC that no response had been received from the Data Subject and,
accordingly, the complaint has been deemed to have been amicably resolved.
11. On 25 September 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.
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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
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.
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:
_____________________________
Deputy Commissioner
Data Protection Commission
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