Journal of Northeastern University(Social Science) ›› 2023, Vol. 25 ›› Issue (3): 116-123.DOI: 10.15936/j.cnki.1008-3758.2023.03.013

• Law • Previous Articles     Next Articles

Legal Regulation of Workplace Electronic Monitoring: Centering on the Principle of Proportionality

WANG Dongfang   

  1. (School of Law, Beihang University, Beijing 100191, China)
  • Published:2023-06-05
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Abstract: In the labor relations, though employers can conduct electronic monitoring on workers without obtaining their consent based on the “necessity for the implementation of human resources management”, the exercise of such monitoring power is not arbitrary and should be limited by the principle of proportionality. The legal regulation of workplace electronic monitoring should include “entity” and “procedure”. In terms of the “entity” regulation, on the one hand, when employers conduct electronic monitoring of workers based on the “necessity for the implementation of human resources management”, electronic monitoring conducted by employers should meet the requirements of appropriateness, necessity and balance. On the other hand, when employers conduct workplace electronic monitoring on workers by obtaining their consent, workers' consent should be strictly restricted. As far as the “procedure” regulation is concerned, employers should inform workers in advance before conducting workplace electronic monitoring.

Key words: Civil Code; Personal Information Protection Law; workplace electronic monitoring; principle of proportionality

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