Journal of Southwest Petroleum University(Social Sciences Edition) ›› 2023, Vol. 25 ›› Issue (2): 81-87.DOI: 10.11885/j.issn.1674-5094.2022.10.03.01

• POLITICS AND LAW • Previous Articles     Next Articles

The Application of Proportion Principle in the Protection of Workers' Personal Information in the Algorithm era

Li Wei, Li Han   

  1. College of Humanities and Law, Shandong University of Science and Technology, Qingdao Shandong, 266590, China
  • Received:2022-10-03 Published:2023-04-19

Abstract: In labor relations,regulating the rights of employers and strengthening the protection of workers' personal information are important measures to protect the rights and interests of workers and balance the interests of employers and the legitimate rights and interests of workers in the era of algorithms. To realize the balance of employers and workers' personal information rights and interests,the principle of proportion is of great significance to fill the loopholes in the law and perfect the protection mechanism of workers' information rights and interests. In the algorithm age,personal information protection is faced with corporate algorithm technical violations,barriers to the implementation of “informed consent”,conflict between corporate information management right and employer rights,etc. To protect the personal information rights of employers,the principle of proportion should be followed in management and regulation of corporations,and principles of legitimacy,appropriateness,and of necessity are applicable. The balanced development of corporate interests and rights and employers’ rights and interests of personal information can be realized by establishing the pre-examination provisions of corporate algorithm technology,improving the rules of “informed consent” of employers’ personal information,and by improving the mechanism of employer personal information protection.

Key words: algorithm, worker, personal information, principle of proportion, balance of interests

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