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AAP
AAP
National
Paul Osborne

High Court ditches Facebook challenge over privacy

Facebook claims it does not conduct business in Australia and store Australian information. (Glenn Hunt/AAP PHOTOS) (AAP)

Facebook's bid to appeal a decision relating to the Cambridge Analytica scandal has been kicked out of the High Court.

The High Court full bench on Tuesday unanimously agreed to revoke the special leave it granted Facebook in September.

Facebook sought to take its case to the High Court after the Federal Court rejected the social media giant's claim it does not conduct business in Australia and store Australian information.

The Australian Information Commissioner is suing US-based Facebook Inc, now known as Meta, and Facebook Ireland over the alleged breaching of 311,000 Australian user's privacy.

The Australian regulator alleges Facebook Inc "committed serious, and/or repeated interferences with privacy in contravention of Australian privacy law".

But the social media giant argued these laws do not apply to Facebook Inc, as the Facebook Ireland subsidiary was conducting the Australian business.

Further, Facebook Inc argued it did not collect or store people's personal information in Australia.

Facebook argued the Federal Court was incorrect in its definition of "carrying on business" in Australia, as it did not have a commercial presence in Australia or a contract with Australian users.

Instead, Australians had a commercial relationship with Facebook Ireland which runs all operations outside of the United States, the company's legal team argued.

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