| With the rapid development of information technology,employers collect and use the personal information of workers more frequently.From job hunting to work and then to resignation,in each stage,employers have a large number of personal information of workers.When facing the employer’s right to know and the right to management,the laborer’s right to personal information needs to be alienated to some extent.At the same time,some employers collect and process workers’ personal information not complying with legal norms,which is likely to harm the rights and interests of workers’ personal information.This paper aims to analyze the current situation and difficulties of the legal protection of workers ’personal information,and at the same time,draw lessons from the overseas experience of the protection of workers’ personal information,and put forward suggestions for improving the legal protection of workers’ personal information in China.The first chapter mainly elaborates the basic theoretical problems of the laborer’s right to personal information.First,this paper defines the concept of personal information and personal information right,and then discusses the connotation of laborer’s personal information right and how it differs from privacy right.Secondly,the author analyzes the particularity and protection value of the right of personal information of laborers.In the face of the weakness of informed-consent rule and the specificity of the basis of legality,targeted attention to the protection of workers’ personal information rights and interests can help safeguard workers’ human dignity and freedom and protect their labor rights.Finally,the author summarizes three paths of legal protection of workers’ personal information rights and interests,and the necessity of comprehensive protection of the right to personal information of laborers in China is analyzed and demonstrated.The second chapter analyzes the current situation that how the law protects the rights and interests of workers’ personal information in China.When analysing status quo,this chapter is divided into two paths: status of legislation and judicial situation.On the one hand,it combs the legislation related to the protection of workers’ personal information right.On the other hand,it searches and analyzes the relevant judicial cases,and on this basis,divides the types of workers’ personal information infringement,including workplace monitoring which has been typically scenario-based,improper collection,improper use and disclosure of workers ’personal information.The third chapter summarizes the plight of the legal protection of the right to personal information of workers,mainly including the employer’s excessive exercise of the right to know and management rights,the plight of the application of the relief system for the rights and interests of personal information of workers.The main reasons for the above difficulties include the unclear scope of protection of workers’ personal information rights and interests,and the unclear boundary of the employer’s right to know and the right to manage.The fourth chapter puts forward some suggestions to improve the legal protection of the right to personal information of workers in China.First of all,we should re-determine the scope of protection of the right to personal information of workers,including that the scope of the subject should cover the new labor relations,and the specific scope of rights.Secondly,we should clarify the boundaries of the right to know and the right to manage,and rebuild the legal basis.Finally,it is necessary to construct multiple protection mechanism for workers’ right to personal information,including prevention,supervision and relief mechanism. |
