Research On The Protection Of Laborer’s Personal Information Right

Under the background of big data,information use has become an important factor in economic development and personal life,and personal information security has become a topic of increasing concern.Article 111 of the general provisions of the civil law elaborates the concept of the interest to individual message.Article 1034 of the civil code continues to emphasize the significance of the protection of "personal information".On October 21,2020,the full text of the law of the people’s Republic of China on the protection of personal information(Draft)was published to solicit opinions from the society,which has aroused great repercussions and promoted the further development of the research on the protection of personal information.Under the working environment,it is impossible to avoid the problems of the use of personal information of workers and the protection of the rights of workers to control,dominate and exclude the illegal interference of others.The protection of workers’ personal information right is related to the realization of workers’ legitimate rights and interests and the harmony and stability of labor relations.Therefore,the academic circle should pay enough attention to the protection of workers’ personal information rights.In recent years,the increasing use of data highlights the value of personal information,followed by the test of data security and the increase of the probability of infringement events.The leakage,occupation and unreasonable use of workers’ personal information expose the weakness of workers’ information protection.Workers are faced with the threat of various forms of infringement,and they may encounter infringement in the stages of job hunting,labor relations and resignation.The application of Internet technology also makes the means of infringement more diverse and complex,and the risk of information loss in the network environment also increases.The loss of evidence makes it difficult for workers to give evidence in litigation,so they can not effectively protect their rights.The laborer is subordinate to the employer,and the labor and capital are not equal in strength.There are many incompatibilities in applying of civil law to protect the worker’s individual message.Under the existing civil law norms,the relief of the litigation judgment to the laborer’s personal information right is limited.Workers are in a weak position in the litigation.They are not only limited in the process of exercising their individual message on interests,but also have many difficulties in safeguarding their interests.In order to effectively safeguard the interest of individual message of workers,in addition to urging employers to fulfill their obligations and set up a individual message safeguard system for workers,it is also necessary to strengthen the preferential protection of workers in the process of obtaining evidence and responsibility distribution,so as to provide protection for workers’ information rights.Based on the analysis of the concept of workers’ personal information right,starting from the current judicial situation,combined with cases,this paper summarizes the existing types of infringement on workers’ personal information,as well as the situation of workers’ litigation and the results of rights protection,and analyzes the difficulties faced by workers in rights protection.On this basis,it puts forward some suggestions from the aspects of legal perfection,the construction of workers’ personal information protection system,the protection of workers’ personal information,the protection of workers’ personal information,the protection of workers’ personal information,the protection of workers’ personal The distribution of the burden of proof and the application of multiple remedies are proposed.