| In recent years,with the mobile Internet,algorithm driven and artificial intelligence and other technologies into the workplace,The use of employees ’ personal information by employers is becoming more and more common,and there are also many cases of infringement of employees’ personal information.Because the personal information rights and privacy rights of workers are quite different from the scope of application and the way of protection,and the protection of personal information of workers is also quite different from the protection of personal information in general scenarios,there are many difficulties in the protection of personal information of workers in the current law,and it is difficult to effectively regulate the information processing behavior of employers.First of all,the current principle of legitimacy of workers’ personal information processing is missing.When dealing with the personal information of workers through the informed consent path,the meaning of the workers under pressure is not free;When processing workers’ personal information through the collective consensus path,it is also difficult to guarantee full consultation between employers and employees.Secondly,the implementation of automated decision-making technology by employers has damaged the personal information of workers and thus formed workplace discrimination.However,the regulation of automated decision-making in the current law is difficult to play a role in labor relations.Finally,there is no effective remedy for the infringement of workers ’personal information rights.At present,China’s personal information protection regulatory agencies have not paid attention to the damage to the rights and interests of workers’ personal information.Workers cannot seek effective administrative remedies,and judicial decisions have not effectively protected workers.In the face of these difficulties,the theory of scene,the theory of labor subordination and the theory of fiduciary duty can be used as the theoretical basis for the legal protection of workers’ personal information.At the same time,there are many experiences in relevant legislation outside the region that are worthy of our reference.In general,in terms of the principle of legitimacy of workers’ personal information processing,it should be clear that the specific situation in which the workers themselves agree to process information can be dealt with.In the face of collective agreement as the basis for the legitimacy of personal information processing,the functions of trade unions should be improved to enhance democratic participation,and the boundary of the employer’s right to know should be measured through the application of the principle of proportionality.In the face of the employer’s automated decision-making behavior,it should be evaluated and recorded before the automated decision-making technology is put into use;If there is an infringement on the personal information rights and interests of workers after they are put into use,then workers have the right to understand the processing conditions of automated decision-making and give workers the right to reject the results of automated decision-making.In terms of remedies for workers’ personal information rights and interests when they are damaged,the information protection responsibilities of the labor administrative department should be clarified,and workers can complain and advise the department on personal information infringement incidents.The infringement of workers’ personal information is included in labor arbitration for relief,thus giving relief in labor law,and workers can claim economic compensation for the information infringement of employers.In the face of platform enterprises and other employers who infringe on the personal information rights and interests of many workers at the same time,public interest litigation system should be used for relief to reduce the economic cost of workers’ rights protection and save judicial resources. |
