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ARTICLE · 14 NOVEMBER 2022

Australia to extend its privacy long-arm jurisdiction

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This proposed amendment would significantly expand the extraterritorial jurisdiction of Australian privacy law.

AustraliaPrivacy
James North
James North
Michael Do Rozario
Michael Do Rozario
Phillip Catania
Phillip Catania
Clare Mould
Clare Mould
Matthew Lee
Matthew Lee
Angelina Yurlova
Angelina Yurlova
Jonathan Bean
Jonathan Bean
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An amendment in the recently tabled Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 (Cth) (Bill) will significantly expand the extraterritorial jurisdiction of Australian privacy law, and requires attention by all overseas entities that regularly transact or engage with Australians. The Bill has not yet passed into law and changes may be made to it.

Currently, Australia's Privacy Act 1988 (Cth) (Privacy Act) applies to overseas entities which both:

  1. carry on business in Australia; and
  2. collect or hold personal information in Australia.

The Bill amends the Privacy Act by removing limb (b) so that Australia's privacy laws will apply to overseas entities that carry on business in Australia, regardless of whether they collect or hold personal information in Australia.

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