Following Facebook’s alleged privacy breach early last year, the digital giant came out to say that it does not conduct business in Australia.
The Office of the Australian Information Commissioner accused Facebook of breaching the privacy of thousands of Australian users in 2014-2015. The dubbed “Cambridge Analytica scandal” shed light on the workings of Facebook by exposing its mass data harvesting techniques and on-selling targets to advertisers. It was discovered that “only 53 people in Australia downloaded the app, according to court documents, but [Facebook] was able to harvest the data of 311,127 Australians in total.” As such, it came as no surprise that Justice Thawley deemed Facebook as not only operating in Australia but also collecting sensitive information about users through catching servers and cookies.
However, Facebook stands adamant that the current Australian privacy laws present a grey area when digital platforms operate in Australia. More importantly, it showcases a complex question on whether digital platforms ‘hold’ or ‘collect’ personal information. Facebook is seeking to appeal Justice Thawley’s decision on the basis that it would create ‘substantial injustice’ for the company. It is worth noting that Facebook has stood up at this critical time amidst Google’s battle with Australian regulators. It appears that dominating tech companies are beginning to rise collectively to cement their position in the international economy and society.
The future of this decision may widen the jurisdiction of Australian courts when dealing with international tech platforms and potentially strengthen digital law regulation in Australia.
For Justice Thawley’s decision see here.
For further reading see here.