On The Construction Of The Principle Of Informed Consent In The Protection Of Laborers’ Privacy Rights

The principle of informed consent,as the basic principle for the protection of natural persons’ privacy rights and personal information rights,has been widely adopted and applied in the legislation of various countries.The laborer’s right to privacy is a concrete manifestation of the laborer’s right to personal dignity,and the protection of the laborer’s right to privacy is the meaning of the realization of the legitimate rights and interests of the laborer under the labor relationship.The current laws and regulations of our country lack the relevant protection of the laborer’s right to privacy.Provisions,in practice,the phenomenon of employers wantonly infringing on the privacy rights of laborers still occurs from time to time.Under the influence of the subordination characteristics of labor relations,laborers are in a weak position in the protection of their personal privacy rights and interests,and laborers’ privacy rights and interests are often difficult to fully realize.In view of the many problems and dilemmas existing in the protection of workers’ privacy rights in reality,the principle of informed consent should be introduced,the construction of the principle of informed consent in the protection of workers’ privacy rights should be completed,and the principle of informed consent should be taken as the basic criterion to ensure the realization of workers’ privacy rights..The construction of the principle of informed consent in the protection of laborers’ privacy has characteristics such as the limitation of applicable subjects and time and space,the unequal status of labor and capital,and the derivability of laborers’ privacy,which need to be considered in the specific construction of the system.The theory of autonomy of will,the theory of human dignity,and the theory of reasonable expectation of privacy constitute the theoretical source for the construction of the principle of informed consent in the protection of workers’ privacy rights,and lay a solid theoretical foundation for the construction of the principle of informed consent in the protection of workers’ privacy rights.It is necessary and feasible to construct the principle of informed consent in the protection of workers’ privacy rights.From the perspective of necessity,the construction of the principle of informed consent in the protection of workers’ privacy rights can effectively prevent actual violations of workers’ privacy rights,make up for the insufficiency of existing legal protection of workers’ privacy rights,and also realize the realization of workers’ personal dignity.system choice.At the same time,the comparative law experience of typical extraterritorial countries and regions and the beneficial exploration of judicial judgment in my country provide a feasible basis for the construction of the system.In the specific construction of the principle of informed consent in the protection of workers’ privacy rights in my country,it is necessary to set the rules of advance notification of the employer first,realize the dynamic advance notification of the employer,and clearly stipulate the content and form of the advance notification of the employer.Establish laborers’ consent rules,set up a continuous dynamic consent model for workers,realize the written expression of workers’ consent,clarify the essential elements of workers’ effective consent,set up the right to withdraw consent of workers,and clarify the conditions for exercising the right of withdrawal.Explore the advantages and realization paths of collective informed and collective consent in the protection of workers’ privacy rights under collective labor relations.The construction of the principle of informed consent in the protection of workers’ privacy rights is not without restrictions.It is necessary to clarify the principle of legitimate purpose,the principle of necessity,and the principle of interest measurement as the limiting principles for the principle of informed consent in the protection of workers’ privacy rights,and to regulate the construction of the principle of informed consent.