Industrious Conversations: What employers need to know about new privacy law

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.See omnystudio.com/listener for privacy information.

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