| With the soaring progress of society,the value of personal information has gradually becomes more and more essential,many incidents of infringing on personal information also occur frequently,which cause an evil effect on information security and the order of the whole society.Therefore,it is urgent to ensure personal information security.In the particular area of labor relations,there is a clash of benefits on the two sides,for the purpose of maximizing the company’s own interests,employer have higher and higher requirements to get personal information from workers.As a result,it leads to some employers get it from workers beyond the limits,and make improper use and illegal disclosure.All these behaviors badly infringed on laborers’ personal information rights.Laborers’ personal information rights are different from ordinary citizens in civil law,because laborers have their special status.Laborers are in labor relations,their personal information rights are limited by right to know of employers.In addition,coupled with the existence of disparity in economic strength between employers and workers,workers who are in a weak position often cannot refuse employers’ request for continuous access to and use of their information without restriction,because rejection may mean losing the job opportunity.Then,the serious adverse consequences will lead to laborers tell it reluctantly,which makes their information been infringed frequently.As yet,the protection of laborers’ personal information right in China is mainly by Civil Law.However,in the relevant labor legislation,there is no provision on the laborers’ right to personal information,only on the employers’ right to know,and the scope of it is not specially limited,which may be explained as much as possible.The employers who are already in a strong position are even more powerful,and the weak position of workers is more obvious.There are limitations in protecting workers’ personal information right by adjusting the Civil Law between equal subjects,the economically strong will use the contract to oppress the weak.Employers will exploit the benefits of laborers,and it is not easy to weigh the benefits only by relying on their own strength.Therefore,researching the protection of laborers’ personal information right from the aspect of labor law,giving protection to workers who are always in a weak position and at the same time truly maintaining equilibrium on both parties is necessary.At different stages of labor relations,the emphasis of protecting laborers’ personal information rights is different,and divides labor relations according to stages.This paper analyzes the unclear boundaries of employers’ right to know before set up relations,the irregular processing of resumes of job seekers,the adverse influences triggered by too much monitoring during the existence of labor relations,the illegal disclosure and transfer of information in the post-employment period,and the imperfect relief channels when their rights are violated.In the meantime,study the outstanding legislative regulations extraterritorial like Germany and Taiwan Province,and sum up their splendid experience for our reference.This paper gives some advices on improving the protection of laborers’ personal information right by setting up the principle,delineating the boundaries of the right to know,clarifying the handling methods of job seekers’ resumes,improving the monitoring conditions and the processing of personal information when they quit their job,and perfecting the relief,etc.Laborer’s personal information security is concerned with their personal character,which also has a great impact on ensuring their decent work.By improving and perfecting the problems existing in various periods of the relations,the personal information of laborers could be fully protected in this informative age,so that workers have enough confidence to compete with employers when their personal information rights are infringed,defend their rights,and establish splendid and healthy labor relations. |
