In this episode of Ashurst Legal Outlook, Employment partner Jennie Mansfield, is joined by Digital Economy partner Geoff McGrath, to unpack the introduction of a new statutory tort for serious invasions of privacy in Australia. This major legal development, effective from 11 June 2025, brings a new right of action for individuals and significant new compliance responsibilities for employers.



They explore key aspects of the tort, including:
• What qualifies as a “serious” invasion
• Employee surveillance and data monitoring
• The limits of employee consent
• Risks around third-party data sharing and AI use



Together, Jennie and Geoff outline how the new tort closes gaps left by the Privacy Act, particularly around employee records, and why employers need to rethink consent, transparency, and policy design. They also highlight proactive steps organisations can take now, such as revisiting employment contracts, reviewing privacy policies, and updating staff training to reduce exposure and meet this new legal standard.



To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. To explore more from Ashurst’s podcast library, visit ashurst.com/podcasts.



The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

In this episode of Ashurst Legal Outlook, Employment partner Jennie Mansfield, is joined by Digital Economy partner Geoff McGrath, to unpack the introduction of a new statutory tort for serious invasions of privacy in Australia. This major legal development, effective from 11 June 2025, brings a new right of action for individuals and significant new compliance responsibilities for employers. 
They explore key aspects of the tort, including: &bull; What qualifies as a &ldquo;serious&rdquo; invasion &bull; Employee surveillance and data monitoring &bull; The limits of employee consent &bull; Risks around third-party data sharing and AI use 
Together, Jennie and Geoff outline how the new tort closes gaps left by the Privacy Act, particularly around employee records, and why employers need to rethink consent, transparency, and policy design. They also highlight proactive steps organisations can take now, such as revisiting employment contracts, reviewing privacy policies, and updating staff training to reduce exposure and meet this new legal standard. 
To listen to this and subscribe to future episodes, search for &ldquo;Ashurst Legal Outlook&rdquo; on Apple Podcasts, Spotify, or your favourite podcast player. To explore more from Ashurst&rsquo;s podcast library, visit <a href="https://ashurst.com/podcasts">ashurst.com/podcasts</a>. 
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

The commercial world is always changing and the legal landscape never stands still. Keeping pace with all those changes, and knowing how they affect your organisation, is a big responsibility and a challenging task. Ashurst Legal Outlook will keep you at the forefront of the most pressing legal issues, offering insights from legal experts across our international network.

The commercial world is always changing and the legal landscape never stands still. Keeping pace with all those changes, and knowing how they affect your organisation, is a big responsibility and a challenging task. Ashurst Legal Outlook will keep you at the forefront of the most pressing legal issues, offering insights from legal experts across our international network.

A podcast series that will keep you across the global trends and local issues that are shaping the legal landscape and impacting organisations.

Ashurst Legal Outlook Podcast

Ashurst Legal Outlook

A new statutory tort for serious invasions of privacy has come into effect in Australia, and it has major implications for employers.