System Of Privacy Protection Of Workers Is A Comparative Study

The right to employee's privacy constitutes important part of employee's basic human rights.This thesis starts from two different privacy concepts stemmed from distinguished historic background of western world.In Europe privacy is considered as dignity,while in American liberty.The thesis further discusses the conflicts and balance between the right to employee's privacy and employer's right to knowledge in employment context.Then,the thesis comparatively studies the different legal systems and employee privacy protecting regulations between E.U and U.S.A, pointing out that E.U,with the privacy concept of dignity,established a relative strict legal system with only several statutes to give employee privacy perfect protection from the possible insult of employer;on the contrary,though U.S.A has a quite complicated privacy protecting system,it failed to give better protection for employee than that of E.U.,because American think privacy is nothing more than liberty,and in the relationship of employment,employee should have little liberty.Thus the thesis draws a conclusion that the special concept of privacy in certain country is the fundament to build the employee privacy protecting system.Subsequently,the thesis turns back to China,figuring out that the privacy concept of china should be dignity as E.U,and there are problems like inconsistency and ambiguous position of the right to privacy in Chinese legal system.Finally,according to Chinese legal tradition,the thesis suggests establishing a consistent employee privacy protecting system with the center of civil-law protection,and gives some advice of basic rules in balancing the right between employee's privacy and employer's right to knowledge,by referring to the experience of both E.U and U.S.A.