Image Recognition
How far then, does the extra territorial application of the Privacy Act 1988 (Cth) (Privacy Act) extend? The AAT decision – ‘Australian link’Under the version of the Privacy Act in force at the time of Clearview’s operations, the Privacy Act applied to foreign organisations that had an ‘Australian link’. Consequently, Clearview was required to comply with the Privacy Act and its actions contravened the Privacy Act. Changes to the ‘Australian link’ requirementThe Attorney-General’s Privacy Act Review Report (Report) released earlier this year indicated that section 5B of the Privacy Act may be subject to further reform. Maximum penalties for breaches of the Privacy Act increased significantly in 2022, which we previously covered in this article.