Study On Legal Issues Of Protecting Employees’ Personal Information

The environment of protecting the personal information in China has improved a lot after the promulgation of a series of personal information protection laws.However,due to the weak position of employees in labor relations,their personal information is more easily obtained and processed,which is not paid special attention in the personal information protection laws.This thesis mainly focuses on the key issues concerning the protection of employees’ personal information.From the concept and particularity of the employees’ personal information and on the basis of the theories on protection of it,this thesis proposes a theoretical plan for the employees’ protection of the personal information by outlining the deficiencies and their causes.The protection of employees’ personal information has certain special characteristics such as the unequal status of information processors and subjects,the coexistence of stages and persistence in information infringement,and the universality of information leakage harm,Therefore,more attention shall be paid to the protection of employees’ personal information.However,at present,in the face of the infringement of employees’ equal employment rights,the deprivation of the right to identification,the removal of “notification and consent” rule,the infinite expansion of electronic monitoring,and the obstacles to the realization of the right to delete through remedies,the combined effect of which makes the practical dilemma in the protection of employees’ personal information more and more severe.In the term of legislation,the regulation on the information processing behavior of the employer is relatively vague,leaving more vacuum areas for exercising rights in the labormanagement scenario;it is also difficult for the employees to obtain timely and effective compensation for infringement of their personal information rights and interests in accordance with the provisions of the law.This reflects the lack of targeted regulation on the scene-based application in legislation.The lack of awareness of the protection of employees’ personal information,the excessively high cost of compliance incurred in compliance processing of employees’ personal information,and the difficulty in proving infringements concerning personal information also add to the difficulty in protecting employees’ personal information..Therefore,it is necessary to systematically sort out China’s system of legal protection of personal information,and make special regulations on protection of personal information under the special field of employer-employee relations,and fully promote the flexible flow of employees’ personal information in business operations on the premise of protecting the security of it.Specifically,in terms of the rules on processing the employees’ personal information,the principle of proportionality can be applied on a case-by-case basis,by type,and by stage basis,and different“notification and consent” rules are set up according to the classification of information types and information processing behaviors;in terms of evaluation and supervision of the processing of employees’ personal information,an effective evaluation and supervision mechanism can be established to introduce the regulation of the labor administrative department as an important part of the protection of employees’ personal information;In terms of remedies for infringement upon the personal information of employees,punishments can be imposed on employers from the perspective of labor law;meanwhile,the legal liability provisions of the Law on the Personal Information Protection Law shall be coordinated and applied with prudence based on the principle of protecting the rights and interests of employees and providing better working environment and treatment for them.In addition,a minimum compensation standard for damages caused by infringement of the personal information of employees may be established,under which the personal information of employees is classified as general personal information,important personal information and sensitive personal information,in order to establish different minimum compensation standards.