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 5th day of July 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 26 September 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. The Data Subject discovered that their account, which they believed had previously
been deleted, was still visible on the Facebook platform. As such, the Data Subject
sought to obtain its deletion. On foot of lodging their complaint with the DPC, the
Data Subject was advised that certain relevant documentation was required in order
to progress the complaint, including the Data Subject’s GDPR request to the
Respondent.
b. On 20 December 2023, the Data Subject therefore contacted the Respondent,
requesting the erasure of their account and associated personal data from the
Facebook platform, pursuant to Article 17 of the GDPR. The Data Subject noted that
they had difficulties with verifying ownership of the account in question, as it was
originally created using a pseudonym.
c. As the Data Subject was not satisfied with the response received from the
Respondent, they expressed their desire to continue their complaint with the DPC, in
correspondence received on 24 January 2024.
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:
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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. In its response to the DPC, the Respondent clarified that the Data Subject
had not previously scheduled their account for deletion. It advised that as the account was
not in the Data Subject’s legal name but rather a pseudonym, it could not verify that the Data
Subject was the account owner. In the circumstances, the Respondent confirmed it had taken
the initial steps towards scheduling the account for deletion; however, it had included an
appeal period for the possibility that a different authentic owner existed, that may wish to
challenge the removal of the account. The Respondent noted that, should this not be
challenged within the timeframe provided, then the account would be scheduled for deletion
in accordance with its own deletion practices.
8. On 24 April 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.
9. On 9 May 2024, and in light of the foregoing, the DPC informed the Respondent that it would
close the complaint in question.
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.
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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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