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
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 April 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 4 May 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 (“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 21 January 2022.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject first contacted the Respondent on 4 May 2021, raising requests for
access and erasure, as per Articles 15 and 17 of the GDPR, for their personal data on
the Facebook platform. As the Data Subject was not satisfied with the response
received from the Respondent, they lodged a complaint with the Recipient SA.
b. Following further engagement between the Data Subject, the Respondent, the
Recipient SA, and the DPC, it was established that the outstanding request forming
the basis of the Data Subject’s complaint, was a request for the erasure of ten URLs
from the Facebook platform, at which the Data Subject’s personal data had been
published by a third-party user, without their consent. As it was unclear that the Data
Subject had contacted the Respondent in relation to this matter, the DPC requested
that the Data Subject put their request to the Respondent in the first instance.
c. The Data Subject wrote to the Respondent on 21 November 2022, raising their
request for erasure of the ten URLs. The Respondent replied on 23 November 2022
indicating the Data Subject had directed their request via the incorrect channel.
d. As the Data Subject was not satisfied with the response received from the
Respondent, they indicated they wished to pursue their 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
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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
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, and the provision of
additional information by the Data Subject, the Respondent agreed to have their specialist
team conduct a further review of the content. Following this review, the Respondent removed
the content for violation of its terms and conditions.
8. On 13 October 2023, the DPC wrote to the Data Subject via the Recipient SA, seeking their
views on the action taken by the Respondent. This correspondence requested that the Data
Subject notify the DPC within a specified timeframe, if they were not satisfied with the action
taken by the Respondent, so that the DPC could investigate the matter further. This letter
issued to the Data Subject on 28 November 2023. In this correspondence, the DPC requested
a reply, within a stated timeframe.
9. On 15 January 2024, the Recipient SA confirmed to the DPC, that no response had been
received from the Data Subject.
10. On 15 February 2024, 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
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accordance with section 109(3) of the Act and that it would conclude the case and inform the
Respondent.
11. 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
12. 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.
13. 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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