The Office of the Australian Information Commissioner (OAIC) has won a court case allowing it to serve legal documents on the United States-based internet giant, Facebook.
The full bench of the Federal Court rejected Facebook’s appeal to set aside an earlier ruling by Justice Tom Thawley of the Federal Court, granting the OAIC leave to serve the legal documents.
The decision was welcomed by the Australian Information Commissioner and Privacy Commissioner, Angelene Falk who said the OAIC would continue in its course to progress the case.
“We look forward to the hearing of substantive matters,” Ms Falk said.
The Commissioner filed proceedings against Facebook Inc. and Facebook Ireland in the Federal Court in March 2020, alleging the social media platform committed serious and/or repeated interferences with privacy in contravention of Australian privacy laws.
Ms Falk subsequently applied for and obtained leave to serve the initiating court documents on Facebook Inc. and Facebook Ireland.
In a ruling released in September 2020, the court dismissed an interlocutory application made by Facebook Inc. seeking to set aside these orders.
Justice Thawley was satisfied that the Commissioner had established a prima facie case that Facebook Inc. was carrying on business in Australia, and was collecting and holding personal information in Australia at the relevant time.
Facebook Inc. subsequently appealed Justice Thawley’s ruling to the full Federal Court. Facebook Ireland did not make an application.
