Conflict And Balance Between Workers' Privacy Rights And Employers' Right To Kno

For a long time,based on the needs of employment management and improving efficiency,employers have not been restricted to collect personal privacy of workers,especially with the development of information technology and the rise of the remote office model.It is secretly,the scope of rights is continuously expanded,and the response to the workers also pay more attention to privacy rights.Not only does it hope that there will be independent space that is not interfered and disturbed by others in the workplace time and space,but also pays more attention to information autonomy.Power,this has led to a natural conflict between the rights of both parties.In this context,this article focuses on the conflict and balance between the privacy of the workers and the right to know the infor of the employer.It is divided into five chapters.The main content is as follows:The first chapter of this article introduces the connotation of the privacy of workers,including the connotation of general privacy,the similarities and differences between privacy and personal information in the context of the civil code,the characteristics of privacy in the labor relationship,and summarizing the protection of the privacy of the workers’ privacy.Positive meaning.The second chapter explores the connotation of the employer’s right to know,including the meaning of general knowledge and its characteristics of rights in the labor law.Basic foundation.On the basis of the first two chapters,the third chapter summarizes the expression of the conflict between the privacy of workers and the right to know the right of employers in the context of the digital age,including during the conclusion of labor relations,the privacy information of the workers is excessively collected and improperly sorted.During the duration of labor relations,the monitoring area of ??the employer extends from the workplace to the family’s residence,extending from the real space to the network space,and the intelligence and secrets of monitoring bring serious privacy leakage risks.After the termination of the labor relationship,the employer actively transferred privacy information and negatively leaked.Chapter 4 analyzes the causes of the above conflicts.First of all,the confrontation factors are analyzed from the essence of the two rights,mainly manifested by the two parties’ competition for information property rights.Then explain the unclear reason between the rights of the two,mainly because of the liquidity of privacy leads to the difficulty of conceptual definition,and the obscure law of the employer’s right to know the right to cause the conflict of interpretation.Finally,because of the subordinate attributes of labor relations,the rules of informed consent are in the field of labor relations,and the legislative purpose of protecting personal information is not fully realized.Chapter 5 On the basis of cause analysis,two coordination paths of conflicts of rights are proposed.One is to combine scene theory to introduce reasonable privacy expectations in the labor relations and dynamically examine the scope of privacy protection;the second is to strengthen the employer of the employer.Inform the obligation in advance to promote the use of the obligations of the employer to fulfill the notification obligations,and to clearly and refine the informing items;the third is to refine the consent rules to achieve the layering of consent;Participants agree to revoke the obligation to exercise their rights.Fifth,pay attention to the substantial review of privacy infringement,and play a leading role in the rules of judicial referees.