Study On The Application Of The Principle Of Informed Consent To The Processing Of Worker Information

In the era of big data,the increase in data processing capacity,volume and speed has led to an increasing risk of "misuse" of personal information,especially in the field of labor relations.The protection of workers’ personal information is rooted in the value of workers’ autonomy and aims to protect workers’ human dignity and freedom.The principle of informed consent,as the core principle of personal information protection,is not conducive to the protection of workers’ information because of the dilemma that "the employer’s notification is inappropriate and the workers’ consent is hardly effective" in the application of workers’ information processing.On the one hand,based on the subordinate nature of labor relations,it is difficult for workers to know the purpose,content and way of handling their information by the employer,and it is also difficult for them to give "true and clear" consent in accordance with their own will;on the other hand,the implementation of the principle of informed consent of workers itself will impose a burden on the employer in terms of management costs,coupled with On the other hand,the implementation of the principle of informed consent of workers may impose a management cost burden on the employer,which,coupled with the employer’s natural management position,leads to "little or no action" on the part of the employer to obtain workers’ consent.To solve the "informed consent dilemma" in the protection of workers’ personal information has become a key issue that needs to be solved urgently,and the principle of informed consent of workers needs to be scientifically constructed based on the advanced experience at home and abroad.Among them,the direction of the mode of application of the principle of informed consent of workers,the constituent elements of the principle and the logic of the operation of the elements,the obligation of the employer to inform,and the layered design of the consent of workers are a series of issues that need to be resolved step by step,which can help balance the frequent conflicts of interests between workers and employers,strengthen the protection of personal information while creating a harmonious relationship between labor and management,and promote the smooth operation of the socialist market economy.market economy to run smoothly.Using the research methods of literature analysis and comparative analysis,the study first composes the development of the principle of informed consent in the fields of medical and medical research and personal information,and defines the concept,content,rights basis and substance of the principle of informed consent of workers’ information on the basis of the concept of the principle of informed consent of personal information;then delves into the constitutive elements of the principle of informed consent oriented to labor relations,and summarizes The basic contents and functions of the three elements of "informed by the employer","informed by the worker" and "consent by the worker" are summarized,and the legal framework of "informed-informed-consent" is clarified.-Then,through case studies,we point out the serious situation of the application of the principle of informed consent of workers under the development of big data,and analyze the three aspects of the conflict of interests between employers and employees,the subordinate status of workers and the inadequate fulfillment of the employer’s obligation to inform.Finally,on the basis of summarizing the research results in and outside China,we clarify that the application of the principle of informed consent of workers in China should refer to the European model of "strict informed consent" for localization,and that the principle of "sensitive information and general information" should be applied in the following way On the basis of the two dimensions of "sensitive information and general information" and "legitimate sources",we improve the construction of the hierarchical consent model for workers and the rules of notification by employers,and realize the reconstruction of the principle of informed consent for labor relations.