Over on our sister Blog, IP Whiteboard, partner Patrick Gunning has analysed the recent decision of the Australian Privacy Commissioner in the Ashley Madison case.
Patrick considers the differing approach of the Commissioner, in assessing whether the Australian Privacy Principles apply (and were therefore breached when the Ashley Madison service was hacked and details released by hackers The Impact Group) to the jurisdictional concept of “carrying on business in Australia” in comparison to recent analysis of the same concept in the context of the Australian Consumer Law (ACL) and Competition and Consumer Act.
You may recall Patrick from such posts as “Steam to vent” and “All steamed up about consumer guarantees” – he has form in analysing this question in the context of the ACCC’s prosecution of software company Valve for breaches of consumer guarantees. In March 2016, the Federal Court found that Valve did carry on business in Australia, reinforcing that foreign businesses selling goods or services to Australian consumers can be subject to the ACL and the jurisdiction of Australian courts.
Read Patrick’s analysis in detail here.
