| With the advent of the digital age,personal information is widely acquired and utilized in social life,and the field of labor relations is no exception.With the intellectualization and informatization of human resource management,employers are increasingly collecting and processing laborers’ personal information,which has triggered an increasingly fierce conflict between the employers’ legitimate right to use information and the laborers’ personal information right,making the laborers’ personal information right,especially their privacy right,face a greater risk of being infringed.However,the comprehensive legislative model of personal information protection currently adopted in China is difficult to meet the particularity of labor relations,and cannot effectively protect laborers’ personal information rights from improper infringement.Therefore,it is necessary to study the personal information protection system of laborers.This thesis first explores the practical difficulties of the protection of laborers’ personal information in China and the shortcomings of the current legal protection,including the risk of improper infringement of laborers’ personal information rights in the establishment stage of labor relations,the survival stage of labor relations and the termination or termination stage of labor relations,and the existence of personal information protection in the current legislation.The comprehensive legislative model has limitations on the protection of laborers’ personal information rights,the legal boundary of employers’ collection of laborers’ personal information is vague,and the labor legislation does not clearly stipulate the protection of laborers’ personal information,and discusses the causes of the difficulties faced by the protection of laborers’ personal information in China.Secondly,it analyzes the practical experience of extraterritorial legislation,mainly introduces the legislative practice of the European Union and the United States on the protection of laborers’ personal information,briefly analyzes the differentiated institutional arrangements in the legislative model,the application of laborers’ consent and the protection model,and puts forward the legislative protection of laborers’ personal information in China.Finally,this thesis puts forward some suggestions on the improvement of the personal information protection system of laborers in China: first,based on the particularity of the protection of personal information of laborers,the personal information of laborers should be included in the scope of protection of the labor standard law;second,improve the application of the principle of informed consent in the workplace,and follow the principle of proportionality to judge the legality,legitimacy and necessity of the employers’ information collection behavior;the third is to classify and protect laborers’ personal information according to different stages of labor relations,so as to achieve a balance between the protection of laborers’ personal information rights and the use of human resource management information by employers. |
