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 ON 12 MAY 2022)
Dated the 24th day of May 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
1
Background
1. On 1 May 2023, (“the Data Subject”) lodged a complaint pursuant to Article 77
of the 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) of the
GDPR.
The Complaint
3. The details of the complaint were as follows:
a. On 24 April 2023, having lost access to their Facebook account, the Data Subject
contacted the Respondent requesting the erasure of their account from the Facebook
platform.
b. The Respondent replied to the Data Subject on 24 April 2023, noting that the Data
Subject would need to submit a form of ID in order to verify their ownership of the
account. The Data Subject subsequently provided their ID to the Respondent,
however, the Respondent indicated this was not sufficient to verify ownership of the
account.
c. As the Data Subject was not satisfied with the response received from the
Respondent, they lodged a complaint with the DPC.
d. As part of their complaint to the DPC, the Data Subject also requested that any
correspondence between them and the Respondent also be deleted.
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:
2
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 Respondent in relation to the subject matter
of the complaint. The DPC first engaged with the Respondent on this matter on 12 December
2023. In its response to the DPC of 4 January 2024, the Respondent informed the DPC that:
a. It had contacted the Data Subject via an alternative email address, to help them with
regaining access to the account. The Respondent noted that once the Data Subject
regained access to the account, they would be able to schedule the account for
deletion via the self-deletion tools provided on the platform.
b. Certain limited correspondence related to the Data Subject’s erasure request would
be retained under Article 17(3) GDPR, given that such processing is necessary for the
purpose of establishing, exercising or defending legal claims, as well as cooperating
with regulatory authorities.
8. On 9 January 2024, the DPC forwarded this information to the Data Subject, 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.
9. The Data Subject provided their response to the DPC on the same day, within which they
noted that they were experiencing difficulties in regaining access to the account. As part of
their correspondence, they also requested confirmation that any form of ID submitted by
them to the Respondent as part of their complaint be deleted. The DPC thereafter engaged
with the Respondent on this matter on the Data Subject’s behalf.
3
10. The Respondent further engaged with the Data Subject on foot of the DPC’s correspondence,
and confirmed to the DPC, on 22 January 2024, that the Data Subject had successfully regained
access to their account on 17 January 2024. It also confirmed that the Data Subject had
scheduled their account for deletion on the same day. Further, the Respondent confirmed
that it had already deleted any copies of ID supplied by the Data Subject throughout the life
cycle of their complaint.
11. On 22 February 2024, the DPC’s letter outlining the action taken by the Respondent as part of
the amicable resolution process issued to the Data Subject. In the circumstances, the DPC
requested that the Data Subject notify it, within a specified timeframe, if they were not
satisfied with the action taken by the Respondent so that the DPC could take further action.
The DPC received no further response from the Data Subject.
12. On 11 March 2024, and in light of the foregoing, the DPC informed the Respondent that it
would close the complaint in question.
13. 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
14. 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.
15. 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
4