Facebook Inc v Australian Information Commissioner [2022] FCAFC 9 (07 February 2022) (Allsop CJ, Perram, and Yates JJ)


Catchwords:


PRACTICE AND PROCEDURE – application for leave to appeal interlocutory decision dismissing application to set aside orders permitting service out of the jurisdiction – where originating application seeks relief under Privacy Act 1988 (Cth) (‘Act’) – where s 5B(3) of the Act requires ‘Australian link’ – whether Applicant carried on business in Australia – whether installation, operation and removal of cookies on Australian users’ devices and management of the Facebook login through Graph API occurred in Australia – whether Applicant collected or held personal information in Australia – whether prima facie case shown – appeal dismissed.