New resource from Practical Law Commercial: Legal update: case report, Installing cookies and providing an app interface indicate Facebook Inc carried on business in Australia under Privacy Act
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This update considers the decision in Facebook Inc v Australian Information Commissioner and the factors relied on by the FCAFC to determine whether Facebook Inc, an overseas entity conducting a digital business, was prima facie "carrying on a business" in Australia and had "collected or held personal information of Australians" and therefore had an "Australian link" for the purposes of the extra-territorial application of the Privacy Act.