On The Legal Protection Of Laborers’ Personal Information Right

With the development of the information age,the importance of personal information has become increasingly prominent,and has become an important resource that cannot be ignored.In the field of labor,in order to improve labor efficiency and maintain work order,employers also continuously invade the private sphere of workers and improperly collect or use workers’ personal information,which seriously damages the legitimate rights and interests of workers.In the face of continuous infringement of workers’ personal information,it is necessary to empower workers’ personal information.As an emerging right,protecting workers’ right to personal information and paying attention to their legitimate rights and interests are not only conducive to changing workers’ weak position,safeguarding their right to equal employment and property rights,but also conducive to the realization of workers’ personality independence and self-value,and more in line with the progress of The Times and the requirements of a society governed by law.At present,however,the protection of the personal information rights of laborers is the Civil Code,the Personal Information Protection Law and the combination of related laws in the labor field.The number of relevant provisions is not only small,but also a system,the legislation lacks the validity.Even the existing provisions are often difficult to apply in practice because of the particularity of labor relations.The corresponding relief mechanism is not perfect.However,the European Union,the United States and Chinese Taiwan have started earlier in the protection of workers’ personal information,and have some advanced experiences,such as the importance of legislation,the limitation of consent requirements,the use of stage and scene protection model and the use of labor union power,can provide reference for the legal protection of workers’ personal information rights.According to the actual situation of our country,we should attach importance to legislation and form a legislative pattern with labor benchmark law as the core in accordance with the legislative trend.Secondly,in the face of the loopholes in the general rules,the existing informed consent rules should start from the two aspects of "knowing" and "agreeing",clearly inform the obligation and adopt the form of written notification,and strengthen the examination of "necessary" clause,so as to adapt to the particularity of labor relations.In terms of the specific content of rights,we can learn from the experience of Germany to set up the "right to lie" and refine the existing anti-automatic decision-making rights.In the face of the blurred boundary with the management right of employers,we can use the protection mode combining stage and scene to clarify the boundary of rights.Finally,the relief mechanism can be improved from the three aspects of bringing the protection of workers’ personal information right into the scope of labor arbitration,giving play to the role of trade unions and reasonably setting up legal responsibilities.Through the above measures,the management right of employers can be restricted,so as to better protect the right of personal information of workers,and achieve mutual benefit and win-win.