劳动者隐私权保护问题研究
发布时间：2018-10-07 21:13
【摘要】： 由于劳动关系的经济从属性和人格从属性,劳动者的隐私权受到限制,针对一般主体的民事立法无法有效地保护劳动者的权利,雇主可能利用其经济地位的优势对劳动者的隐私权实施限制与侵扰政策。但是,雇主的侵扰隐私行为并非都属于隐私侵权行为,法律必须在一定程度上保护雇主的利益,承认其一定范围内的侵扰隐私行为具有正当性。本文主要研究劳动者隐私权保护问题的特殊性,并提出法律保护的一般原则,探讨了不同情境下保护劳动者隐私权的具体方案。 除前言和结论外,本文共分三章,主要内容如下: 第一章分析了劳动者隐私权保护问题区别于一般主体的特殊性。以民法为中心的隐私权立法无法平衡雇主与劳动者的利益,不足以保护处于劳动关系中的劳动者,必须构建契合劳动法理念的隐私权保护制度。劳动关系的经济从属性和人格从属性限制了劳动者隐私权受保护的范围和程度,同时也对雇主提出了保护劳动者隐私权的要求。劳动者隐私权保护的核心在于如何具体实现雇主利益与劳动者隐私权的平衡。 第二章探讨了保护劳动者隐私权的法律原则。对国内外学者的已有观点进行了介绍和评价,指出构建劳动者隐私权保护的法律原则必须考虑到我国的实际情况,对各种社会利益及其相对重要性进行分析。认为劳动者隐私权保护的一般标准可以具体区分为五项原则:职业区分原则;利益衡量原则;最少损害原则;合法限制与合意限制原则;程序和其它安全措施原则。 第三章阐述了不同情境下劳动者隐私权保护的具体规则。劳动者的隐私权可能受到来自于雇主、同事以及单位外第三人的侵扰。借鉴了国外的相关立法和司法实践,从不同的侵扰隐私行为出发,指出劳动者隐私权的实现必须动态地考虑雇主利益与劳动者隐私权的平衡问题,确立不同的保护标准。
[Abstract]:Due to the economic and personality attributes of labor relations, the right to privacy of workers is restricted, and the civil legislation aimed at general subjects can not effectively protect the rights of workers. Employers may take advantage of their economic position to restrict and interfere with workers' right to privacy. However, the invasion of privacy by employers is not always an act of privacy infringement. The law must protect the interests of employers to a certain extent, and admit that the invasion of privacy within a certain scope is legitimate. This paper mainly studies the particularity of the protection of workers' right to privacy, puts forward the general principles of legal protection, and probes into the specific scheme of protecting the right of privacy of workers under different circumstances. In addition to the preface and conclusion, this paper is divided into three chapters. The main contents are as follows: the first chapter analyzes the particularity of the protection of workers' right to privacy, which is different from the general subject. The privacy legislation centered on civil law can not balance the interests of employer and laborer, and is not enough to protect the laborer in the labor relations. Therefore, it is necessary to construct the privacy protection system which accords with the idea of labor law. The economic and personality attributes of labor relations limit the scope and extent of the protection of workers' right to privacy, and at the same time put forward the requirements of employers to protect the right of workers' privacy. The core of the protection of workers' right to privacy lies in how to balance the interests of employers and the right of workers' privacy. The second chapter discusses the legal principles of protecting workers' right to privacy. This paper introduces and evaluates the existing viewpoints of scholars at home and abroad, and points out that the legal principles for constructing the protection of workers' right to privacy must take into account the actual situation of our country, and analyze the various social interests and their relative importance. The author thinks that the general standard of the protection of workers' privacy can be divided into five principles: the principle of occupational differentiation; the principle of weighing interests; the principle of least damage; the principle of legal restriction and agreed restriction; the principle of procedure and other safety measures. The third chapter expounds the specific rules of the protection of workers' right to privacy in different situations. Workers' right to privacy may be infringed by employers, colleagues and third parties outside the unit. This paper draws lessons from the relevant legislation and judicial practice of foreign countries and points out that the realization of the right to privacy of workers must consider the balance between the interests of employers and the right to privacy dynamically and establish different standards of protection.
【学位授予单位】：厦门大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D913
本文编号：2255685
[Abstract]:Due to the economic and personality attributes of labor relations, the right to privacy of workers is restricted, and the civil legislation aimed at general subjects can not effectively protect the rights of workers. Employers may take advantage of their economic position to restrict and interfere with workers' right to privacy. However, the invasion of privacy by employers is not always an act of privacy infringement. The law must protect the interests of employers to a certain extent, and admit that the invasion of privacy within a certain scope is legitimate. This paper mainly studies the particularity of the protection of workers' right to privacy, puts forward the general principles of legal protection, and probes into the specific scheme of protecting the right of privacy of workers under different circumstances. In addition to the preface and conclusion, this paper is divided into three chapters. The main contents are as follows: the first chapter analyzes the particularity of the protection of workers' right to privacy, which is different from the general subject. The privacy legislation centered on civil law can not balance the interests of employer and laborer, and is not enough to protect the laborer in the labor relations. Therefore, it is necessary to construct the privacy protection system which accords with the idea of labor law. The economic and personality attributes of labor relations limit the scope and extent of the protection of workers' right to privacy, and at the same time put forward the requirements of employers to protect the right of workers' privacy. The core of the protection of workers' right to privacy lies in how to balance the interests of employers and the right of workers' privacy. The second chapter discusses the legal principles of protecting workers' right to privacy. This paper introduces and evaluates the existing viewpoints of scholars at home and abroad, and points out that the legal principles for constructing the protection of workers' right to privacy must take into account the actual situation of our country, and analyze the various social interests and their relative importance. The author thinks that the general standard of the protection of workers' privacy can be divided into five principles: the principle of occupational differentiation; the principle of weighing interests; the principle of least damage; the principle of legal restriction and agreed restriction; the principle of procedure and other safety measures. The third chapter expounds the specific rules of the protection of workers' right to privacy in different situations. Workers' right to privacy may be infringed by employers, colleagues and third parties outside the unit. This paper draws lessons from the relevant legislation and judicial practice of foreign countries and points out that the realization of the right to privacy of workers must consider the balance between the interests of employers and the right to privacy dynamically and establish different standards of protection.
【学位授予单位】：厦门大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D913
【引证文献】
相关硕士学位论文 前2条
1 胡艳丽;劳动关系中劳动者隐私权的法律保护[D];苏州大学;2011年
2 孟凡昊;家内劳动关系及其法律调整[D];吉林大学;2008年
，本文编号：2255685
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