Research On The Protection Of Laborers’ Privacy Right In China

The special protection of the right to privacy of natural person in the section of personality right of the Civil Code reflects people’s strong demand for the protection of privacy,especially in the labor relations.For a long time,my country’ s labor legislation has focused on protecting the material interests of laborers and providing a safe and hygienic working environment.It ignores the protection of laborers ’ personal dignity and resulted in frequent violations of laborers ’ privacy by user units.However,the laborers’ primary identity is natural person.Since the civil code protects the right of privacy of natural person,the labor legislative department should give special study and protection to the right of privacy of laborers.Therefore,the center of this article is to propose countermeasures and suggestions to improve the protection of the right of privacy of workers in China by combining the provisions of privacy protection of the Civil Code,the unique characteristics of the right of privacy of workers and the protection status of the right to privacy of workers.The research content is divided into the following four parts.The first part is the research background and significance of the article,that is,the impact of the implementation of the Civil Code on the protection of workers’ privacy.In addition,it preliminary summarizes the existing theoretical achievements at home and abroad.The second part mainly defines subject,object and content.of laborer privacy,.Before that,as a secondary concept of ordinary privacy right,the concept and content of privacy right must be defined first.In order to avoid confusion with the protection of personal information of laborers,this paper specifically distinguishes the characteristics of privacy right and personal information protection.Before discussing the current situation of laborers’ privacy protection in China,the three part analyzes the threats to the right of privacy faced by laborers in the three stages,and then analyzes the current legislative protection of laborers’ right of privacy in China from the perspectives of civil code and labor legislation.As for the judicial status,the three civil cases cited in the article are all ordinary privacy disputes,but the parties are all laborers and their employers.Through the analysis of the current situation of infringement and protection,this paper finds out the deficiencies in the protection of laborers’ right to privacy in China,such as the weak operability of the existing protection provisions and the imperfect legal remedy,so as to improve the protection according to the actual situation.In the forth part,the article elaborates on the principle of explicit consent and proportionality of the right holders who protect the privacy of workers,and puts forward countermeasures and suggestions from the perspective of the civil code and labor law around the two principles.The article believes that the protection of privacy in the Civil Code is relatively abstract,and more detailed judicial interpretations need to be formulated after judicial practice.Therefore,the article initially puts forward three suggestions,focusing on the definition of private life peace,which is also the difficulty and innovation of the article.In contrast,the special protection of privacy by the labor law department is more conducive to workers and employers to accurately understand the right to privacy,especially in the "Labor Law" to clarify the legal status of the right to privacy of workers.In order to protect the workers’ right of privacy comprehensively,the article puts forward that we should perfect the remedy ways after the infringement of the workers’ right of privacy,mainly to give play to the function of internal remedy and reduce the workers’right protection cost to the minimum.