Legal Protection Of The Right Of Employee's Personal Information

With the continuous development of information technology,employers' requirements for employees personal information continue to improve,and the extent of the demand for use in the depth and breadth is deepening.How to protect the right of personal information is the focus of the discussion of employment law in the information society.The general provisions of the Civil Law protect the right to personal information as an independent personality right,with the right of control as the core.Based on the particularity of labor relations,the right of employees' personal information should be the right of employees to control their personal information independently and to exclude improper interference by employers.The impact of the particularity of employment relations on the right to personal information of employees.On the one hand,there is the suppression based on the subordination of employment relations.on the other hand,it also has the reasonable restraint which based on the employment relations subordinate attribute to the employer to exercise the right to use.The right of employee's personal information is closely related to the right of privacy of employee.The basic principle of the protection of the right to personal information of general subjects is mainly aimed at the balance of rights and obligations between equal subjects.Due to the subordinate nature of employment relations and the different emphasis on the protection of employees' right to personal information in different stages,the way of civil law protection has some deficiencies in the employment field.According to the particularity of employment relations,it should be based on the way of Civil Law protection,adjust and protect the personal information right of employees from the perspective of social law.Since the principle of informed consent is difficult to function in the employment field,it should be protected in legislation according to the characteristics of employment relations,and the employees should have the right of "false" statement under certain circumstances.In different stages of employment relations,from the angle of protecting the employees' right to personal information,the employers' right to know is limited by the principle of purpose limitation,the principle of active inquiry and the principle of integrity.But in different stage,the protection way of the employees' personal information right should carry on the adjustment correspondingly.