Research On The Ownership And Protection Of Electronic Data In The Workplace

In the field of the labor law,the reason for the problem of protection of electronic data rights is ignoring the personality and property value of the data.This will undoubtedly concentrate the control over the electronic data in the hands of employers,deprive workers of their legitimate data rights in disguise,and create an imbalance in the distribution of rights and benefits of electronic data between employers and employees.How to establish a data right protection rule system that is compatible with the development trend of new formats and new fields such as big data in the field of labor law involves the value and goal orientation of the labor law,which has become an important issue that the academic circles need to pay close attention to and solve it urgently.The case presented in this article reflects the practical difficulties caused by the unclear basic content of electronic data in the workplace,the unknown ownership of rights and the misappropriation of interests.In this dilemma,it is necessary to clarify the basic concept and nature of the electronic data in the workplace.Electronic data is characterized by digital processing,including data information ontology and data information media in two parts.The lack of certainty and independence of data objects determines the nature of the rights and the transaction value are subject to the content of the information.The realization of value depends on data security and self-control protection,which makes it difficult to protect the data rights from the perspective of property rights.Therefore,under the context of labor law,by exposing the nature of labor relations,it is feasible for both employers and employees to rationally define the data rights and obligations enjoyed by each other on the basis of equality and voluntariness,which is a feasible way to resolve the conflict of rights and interests in data.The distribution of rights and interests of electronic data in the workplace should be premised on the establishment of labor relations and uphold the principle of fairness and appropriateness.On the basis of ensuring the data rights of both employers and employees,the system of distributing the the data rights in the workplace is built around the electronic data of duties.Legal regulation of non-duty electronic data should focus on the allocation of rights.To treat and realize the protection and development of data rights and interests with the substantive freedom enjoyed by workers.In the workplace,data generated by employees using electronic devices for personal entertainment purposes and data generated using social media are all within the scope of employees' personal information data.Without employer's consent,the employer can not use this type of data as a basis for legal dismissal.Given the dependent nature of labor relations,data management rules and regulations for employers should be substantively reviewed in individual cases.In principle,employers should not seek a foothold in the employees' private life due to the provision of electronic devices or unreasonable work assignment arrangements.Unless the purpose of the work is established or used for work,it should be presumed that employees have information privacy rights for this type of data.In addition,the data resulting from the accumulation and appreciation of personal business experience during the work process is owned by the employee.Employers should obtain this type of data with the employee's consent.Finally,the initiation of electronic data retrieval procedures in the workplace should be based on legitimate purposes and justifications.Data retrieval should ensure that employees have a reasonable expectation of privacy over the range of data retrieval.Seizure data should be sealed up by means of minimum infringement in order to achieve the rational use and management of electronic data in the workplace.