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 23rd day of September 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 19 June 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. The Data Subject submitted an access request to the Respondent after noting their
previously user-deleted Facebook account was still visible on the platform. The Data
Subject attempted to log into the account after being notified that one of their
business pages was still visible on the platform, but noted it was disabled. The Data
Subject also noted that the name on their personal page had been changed to a
different name.
b. The Data Subject received a response from the Respondent to login to their account
to use the self-service tool, which they were unable to do as their account was
disabled. Accordingly, the Data Subject subsequently 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
b. The nature of the complaint (in this case, an unsuccessful attempt by the Data Subject
to exercise their data subject rights).
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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 explained that it had no records
of the Facebook account having been previously deleted by the Data Subject, and confirmed
the page was created at a later date than the Data Subject had mentioned, using a
pseudonym, which the Respondent noted was in violation of its terms and polices. The
Respondent advised that as the Facebook account was still active, the Data Subject should use
the self-service tool to access their data to verify ownership of the account.
8. Following further engagement between the Data Subject and the Respondent, the
Respondent was able to identify the primary Facebook account details, as well as the
advertisement accounts associated with it. The Respondent confirmed this page matched the
details provided by the Data Subject, but had not been previously deleted or deactivated by
the Data Subject.
9. The Respondent required a new secure e-mail address to facilitate the Data Subject regaining
access to the account, as part of its verification process. The DPC continued to engage with
the Data Subject and the Respondent facilitating the exchange of the preferred e-mail
address. The Data Subject was then able to delete the associated advertisement accounts, as
well as their Facebook page.
10. In light of the explanations provided by the Respondent, as set out above, the requested
Facebook pages having now been permanently deleted, the dispute between the Data Subject
and Respondent appeared to have been resolved. 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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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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