The Privacy Guidelines are no longer consultation drafts – the final version was released today (link below).
They have reversed
their view on the application
of the Privacy Act to foreign website operators. So much so that the
guidelines now conclude that “Where an entity merely has a website that can be accessed from Australia, this is generally not sufficient to establish that the
website operator is ‘carrying on a business’ in Australia”
2 comments:
The Kim Doctom/Megaupload case is an interesting example of an intermediary with contacts in jurisdictions other than that of the server facing copywrite issues in those other jurisdictions:
http://arstechnica.com/tech-policy/2013/12/us-unveils-the-case-against-kim-dotcom-revealing-e-mails-and-financial-data/
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