Legal Regulation Of Employers To Deal With Workers’ Personal Information

There are certain particularities in the protection of personal information for workers.Specifically,the production activities of modern society require a balance between the protection and utilization of personal information.As information processors and rights subjects,there are economic,organizational,and personal subordinate attributes between employers and workers,which inevitably affects the voluntary consent of workers.As information processors,employers need to overcome the huge accompanying risks caused by non-standard data processing.The data generated during the labor process serves as the fundamental data support for employers,and excessive empowerment of workers with relevant information rights often hinders the large-scale application of the data generated during the labor process and hinders the innovation of enterprise production management.In view of the publicity and complexity of workers’ personal information protection,we should realize the change of ideas in workers’ personal information protection,jump out of the fixed mode of strengthening individual information consciousness,protect workers’ personal information rights and interests on the premise of recognizing the value of individual information circulation and publicity,and do a good job in risk control.On the one hand,the processing of personal information for workers should be based on the reasonable expectations of individuals,with limited individual empowerment to avoid the generalization and extremism of information rights.On the other hand,information collectors and processors should bear more responsibility for risk prevention.This article suggests introducing public law regulations to make up for the shortcomings of private law regulation paths,implementing a scenario based,categorized,and differentiated regulation model for the personal information processing behavior of employers,grasping the standards for the identifiability of employee personal information,and constructing the categorization of employee personal information.The situation where consent is the basis of legality in employee personal information processing is limited to general personally identifiable information.Weakening the application of the informed consent rule and clarifying the necessary reasons in the processing of personal information for workers.The principles of purpose limitation,openness and transparency,proportionality,and prohibition of excessive exploitation are special principles for employers to handle workers’ personal information.The information processing rules shall be formulated according to the labor regulations.The employer shall improve the internal risk control mechanism to ensure the Storage security and reasonable use of workers’ personal information.Establish an external supervision mechanism for employers,establish a baseline for the processing of personal information of workers,limit the negotiation space for personal information matters,and alleviate the pressure of workers being forced to agree.Emphasize the review role of external independent institutions in the development and operation of personal information processing algorithm technology.Based on the dynamic process of labor relations,the focus of regulation on the processing of information by employers will be on limiting the legitimacy of information collection and purposive review of data use.The core goal of personal information processing regulation during the job recruitment stage is to protect the equal employment rights of workers.The core goal of personal information processing regulation during the existence of labor relations is to protect the personal rights.To avoid excessive labor control,the general rules for personal information processing generally apply after the end of labor relations.