| Along with the development of internet technology,a large quantity of personal information are utilized to make convenient life and smart service come true.On one hand,personal information is being processed on a large scale with high speed.On the other hand,there is no appropriate protection of personal information to match the speed of technology development and the transmission of personal information.Therefore,personal information is processed without appropriate protection and is illegal used for commercial benefit,which severely disturbs the daily life.This issue calls for high attention of the society to have proper legislation.It is well noticed the legislation and enforcement related to personal information protection focus on consumers and network users and regulate the processing behaviors of business operators,network operators and network product or service providers.Comparatively,the protection of employees’ personal information is neglected.In reality,it often occurs that employees’ personal information is handled by companies in an improper way,which leads to leakage of employees’personal information,dispute on the infringement of personal interests.It is difficult for individual to protect their rights and interests of personal information without solid laws and regulations.Hereby,this paper will discuss the cases and study the protection when company is processing its employees’ personal information,so as to optimize the protection on employees’personal information from the perspective of legislation,regulations,the way of protection and supervision.The first chapter consists of three parts.The first part is to analyze the necessity of the protection on employee’s personal information mainly from the perspective of the tendency of legislation.Along with systematic laws and regulations,employees’ legal awareness will become stronger and stronger.Company,as the employees’ personal information handler,shall comply with the laws and regulations to process employees’information handler and ensure the security of employees’ personal information.Any violation of laws or unfulfillment of protection obligations will lead company to bad reputation,loss in credit,increase in penalty,compensation or cost of legal settlement.Company entrust its employees to achieve the goal.When the protection of employees’personal information is one of the company goal and related protection measures are implemented,employees will realize the requirements and actively perform the protection obligations when processing the personal information during daily work,which is the value added for company to protect employees’ personal information.In the long term,employees’ legal awareness will increase and promote the rule of law in China when company fulfill its protection obligations on employees’ personal information.The second part analyzes the current situation from the cases that employees’ personal information lacks of legal protection.The third part concludes two causes of such lack of legal protection.One is the improper handling by company due to unclear protection scope and handling rules.The other is negligence of its employees or supplier on personal information handling during service,which leads to leakage of employees’ personal information.Meanwhile,the ways of protecting employees’personal information shall be diversified.The causes as listed above will lead to further study on possible optimization measures on the protection of employees’ personal information.The second chapter consists of two parts.The first part states the definition and category of personal information according to the study on laws and publications.The second part is based on the clear scope of employees’ personal information and categorization of employees’ personal information,specific handling principles shall be obeyed by companies accordingly.The principles of handling employees’ personal information is lawfulness and limitation.Some suggestion is proposed to make notifyand-consent mechanism more effective.The third chapter consists of two parts.The first part proposes the protection obligations of company.Besides the requirements of laws,a proposal is raised regarding the consolidation of processing records at the level of government.The reaction to information security accident is also critical to protect employees’ personal information.Self-check and reporting in time can help identify the bug and take remediation to avoid or decrease the negative impact.Self-check can also improve the security measures.The accident can be a case-sharing with other enterprises with the potential risks in comment,which serves a preventive alert in employee’s personal information protection.Company shall also take responsibilities to monitor the performance of its employees and suppliers during the service if the service is related to employees’ personal information.The second part provides some practical protection measures for companies to fulfill its protection obligations in different employment scenarios according to handling principles.The last chapter consists of two parts.The first part suggests to diversify the ways of legal protection so as to help employees to actively protect their rights and interests beforehand.The responsible department shall monitor the processing activities of company so that the company will comply with principles of processing employees’personal information and take protection measures.It is suggested that the responsible department can set up a hotline to provide guidance or advice to employees.This hotline is a channel to collect information of improper handling and company can be notified in time.In case of any infringement on employees personal information,employees can claim the loss and compensation by means of lawsuit.Besides the lawsuits applied by individual,the responsible department or organs can file a lawsuit as processing employees’ personal information by a company may influence all the employees.The second part proposes the supervision of responsible department from both preventive and detective perspectives.The penalty to unlawful act is a good way to regulate company’s conduct and push company to fulfill its protection obligations.Therefore,employees’ personal information can be secured during the process.By studying the cases and theories,the conclusion of this paper is the strict legislation and enforcement is purposed to protect the rights and interests of employees’ personal information and ensure the security during the process,instead of hindering the proper utilization and transmission of employees’ personal information.Protection is more crucial than compensation on the infringement and thus requires high attention and immediate action from company,instruction and supervision from responsible department.Some suggestion is given to accelerate the protection on employees’personal information.Company cannot run business without the utilization of information or network and it is impossible to return to last age.To keep up with the times is not only from business perspective,but also from the protection of employees’personal information,which can build up a reliable company with secured employees’personal information flow and prosperous future. |
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