NSW Requesting Personal Information Under Privacy Act?

[Pera]

Hi,

I have requested personal information that website has about me and which main server is in US. They've responded that they will not provide me with any information without court subpoena. The trick is that they have name servers in Australia.

Are they then a subject to Australia's Privacy Act?

Can I, as an EU resident, make a request for my personal data based on Privacy Act?

 

[Sophea]

Hi Pera,

Foreign companies, such as IT suppliers, are required to abide by Australia’s Privacy Act in relation to any activities they conduct in Australia and activities outside Australia if they "carry on business in Australia" and they collect or hold personal info in Australia. For example foreign IT suppliers will be directly bound by the Privacy Act if they collect personal information online from people in Australia even if they have no physical presence here.

Foreign companies are also required to uphold the APPs if they enter into a transaction with an Australian Organisation that involves the transfer of personal information from Australia to a foreign country.

So yes I would think the company would have to comply with Australian privacy laws if they store information here.