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An Australian first – privacy regulator commences action against Facebook

On 9 March 2020, the Office of the Australian Information Commissioner (OAIC) lodged Federal Court proceedings against Facebook for ‘serious and/or repeated’ breaches of the Privacy Act in an action that is the first of its kind in the Australian legal landscape. The case marks the turning point where the Australian regulator signals more of an enforcement approach to applying privacy laws in Australia.  The ultimate findings could have a long-lasting impact on companies operating in Australia, potentially creating a landscape for privacy litigation and class actions in Australia.

In this update, W+K’s Kieran Doyle, Eden Winokur and Kaila Hart look closely at the Facebook proceedings and the need for insurers to be mindful that litigation funders will carefully assess the case to see whether it offers any guidance on privacy class actions for data breaches following cyber-attacks.

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© Wotton + Kearney 2020
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