劳动者隐私权与用人单位知情权的冲突与平衡

The Conflict and Balance between the Worker’s Right to Privacy and the Employer’s Right to Know

摘要: 随着《民法典》出台越来越重视隐私权与个人信息的保护，互联网的飞速发展，在劳动领域用人单位借助大数据技术不断超范围行使其知情权，收集劳动者个人隐私信息，增加了劳动者隐私被侵犯的风险，造成二者之间冲突。面对上述问题，应完善劳动法律规范，结合具体情形明确劳动者隐私范围，完善知情同意规则，明确用人单位告知义务。以实现用人单位劳动管理与劳动者隐私权保护之间的平衡与协调。

Abstract: With the introduction of the Civil Code, more and more attention is paid to the protection of privacy and personal information. With the rapid development of the Internet, employers in the field of labor continue to exercise their right to know and collect workers’ personal privacy information with the help of big data technology, increasing the risk of workers’ privacy being violated and causing conflict between the two. In the face of the above problems, labor laws and norms should be improved, the scope of workers’ privacy should be clarified according to the specific circumstances, the rules of informed consent should be improved, and the obligation of employers to inform should be clarified. In order to achieve the balance and coordination between the labor management of employers and the protection of workers’ privacy rights.