David Strybosch v Mylife.com, Inc

This matter concerned an application by David Strybosch (the applicant) against Mylife.com, Inc (the respondent) in the Federal Court of Australia. The applicant sought to have certain personal information about him removed from the respondent's website, which provided publicly accessible information about individuals. The core of the dispute revolved around the applicant's right to privacy and the respondent's right to publish information.

The primary legal issue before the Court was whether the respondent's publication of the applicant's personal information constituted a breach of privacy, and if so, what remedy was available. Specifically, the Court had to consider the application of Australian privacy principles and the extent to which they could override the respondent's ability to collect and disseminate publicly available data. The Court also had to determine if the information published was indeed "personal information" in the context of the relevant legislation.

Her Honour Justice Irgang considered the nature of the information published and the respondent's business model. The Court found that the information in question, while personal, was already in the public domain and had been lawfully obtained by the respondent. Applying the principles of Australian privacy law, the Court determined that the respondent's actions did not contravene the relevant provisions, particularly as the information was not collected or used in a manner that would constitute an interference with the applicant's reasonable expectation of privacy. The Court noted that the respondent's website was a search engine for publicly available data, and the applicant had not demonstrated that the respondent had engaged in any unlawful collection or disclosure.

The application was dismissed.