Research On The Legal Protection Of Workers’ Right To Personal Information

Under the background of the rapid development of information technology,personal information is widely used in daily life,and the use of workers’ personal information in the process of employment is also deepening.The protection of workers’ right to personal information has become a hot topic in the field of labor law.At present,the legal system concerning the protection of the right to personal information is gradually improved,and the Personal Information Protection Law provides basic rules for personal information processing.However,it is difficult for the current mechanism to fully play its role in the field of employment.How to protect workers’ right to personal information should be given enough attention.Based on the basic attributes of workers’ right to personal information,this research examines the legal system concerning the protection of workers’ right to personal information.It also explores the construction path of workers’ right to personal information protection mechanism based on the reference from foreign experience.The specific content is divided into four chapters:The first chapter is the overview on the theories related to the worker’s right to personal information.On the basis of defining the connotation of personal information and the relevant right,the concept of workers’ right to personal information and the connection and difference between it and the workers’ right to privacy are defined,and the analysis concludes that the workers’ right to personal information is easy to be infringed and conflicts with employers’ rights.The second chapter is the research on the legal system of protecting workers’ right to personal information.Under the current system,the protection of workers’ right to personal information is confronted with problems from four aspects.First,the sources of legality of personal information processing are not clear.“Workers’ consent”and other sources of legality limited by “necessity” have unclear rules.Second,the rule of informed consent has a risk of failure in workers’ personal information processing.It is easy to appear that the workers’ declaration of will is not free and inconsistent with the reality.Third,the implementation of transparency rules is challenged by the dual problems of the subordination of labor relations and algorithmic black box.Fourth,the infringement remedy mechanism does not make timely adjustment according to the particularity of labor relations.The third chapter studies the foreign experience of the protection of the workers’ right to personal information by collating the legislative model of the protection of the right to personal information and the legislative approach of the protection of workers’ right to personal information,and analyzing the foreign experience from two aspects including the scope of protection of relevant right and the sources of legality of personal information processing.Such research aims at providing feasible reference for the improvement of the relevant systems.The fourth chapter puts forward some suggestions on the construction of the protection mechanism of workers’ right to personal information from three aspects:the clarity of general principles,the establishment of legislative approach,and the optimization of specific mechanism.In terms of general principles,the basic connotation of principle of purpose limitation,principle of minimum necessity,principle of openness and transparency and principle of responsibility should be clarified.In the aspect of legislative approach,strengthening the public law protection of workers’ right to personal information and improving the relevant system arrangement are needed.In terms of specific mechanisms,the protection scope of time and subject of workers’ right to personal information should be detailed.The applicable conditions for the sources of legality of personal information processing in the field of employment should be clarified.The transparency rules should be adjusted,and the infringement remedy mechanism should be optimized.