Facebook Inc v Australian Information Commissioner & Anor

The High Court of Australia considered an appeal by Facebook Inc. (now Meta Platforms Inc.) against a decision of the Full Federal Court, which had overturned a judgment of the Federal Court. The dispute concerned the Australian Information Commissioner's (AIC) investigation into Facebook's handling of personal information of its users, specifically in relation to the Cambridge Analytica scandal. The AIC had sought to compel Facebook to provide information and documents relevant to its investigation, but Facebook resisted, arguing that the AIC lacked the necessary jurisdiction to compel the production of information from a foreign entity.

The central legal issue before the High Court was whether the *Privacy Act 1988* (Cth) conferred extraterritorial jurisdiction on the AIC to compel a foreign corporation, which carried on business in Australia and handled the personal information of Australians, to produce documents and information located outside Australia for the purposes of an investigation into alleged interferences with privacy. This involved an interpretation of section 13(1) of the *Australian Information Commissioner Act 2010* (Cth) and the definition of "Australian privacy law" within the *Privacy Act*.

The High Court, by majority, held that the AIC did possess the necessary extraterritorial jurisdiction. The Court reasoned that the *Privacy Act* was intended to regulate the handling of personal information of Australians, regardless of where that information was processed or stored, and regardless of the physical location of the entity handling it, provided that entity carried on business in Australia. The Court found that the language of the *Privacy Act* and the *Australian Information Commissioner Act* was broad enough to encompass such extraterritorial reach, particularly given the nature of digital data and global business operations. The Court emphasised that the purpose of the legislation was to protect the privacy of individuals within Australia, and this purpose would be undermined if foreign corporations could evade scrutiny simply by locating their data or operations offshore.

The High Court dismissed Facebook's appeal, affirming the decision of the Full Federal Court. Consequently, the AIC was entitled to exercise its investigative powers in relation to Facebook's conduct.