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Federal Court injunction obtained under Privacy Act - May 2004

In a highly significant legal development affecting many of Galexia’s clients, the Federal Court has granted a permanent injunction under section 98 of the Privacy Act 1988 (Cth).

In the case of Seven Network (Operations) Limited v Media Entertainment and Arts Alliance [2004] FCA 637 (21 May 2004), Seven Network was seeking to restrain the MEAA (a union that represented Seven employees) from using a company phone directory. The MEAA had already used the directory to conduct a phone poll of Seven employees regarding an enterprise agreement that Seven Network was offering directly to its workers. Negotiations over the agreement with the MEAA had previously broken down.

Justice Gyles rejected MEAA’s argument that only the Federal Privacy Commissioner, and not the Federal Court, could grant injunctions under the Privacy Act.

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