Checking mobile phones, restoring chat records... Employers should not be arbitrary in treating employees' personal information

2023-04-06

Do employers have the right to view employees' WeChat chat records? What is the boundary for employers to collect and process personal information of workers based on their employment management rights? What should workers do when their privacy rights are violated? I was just working on a normal shift and unexpectedly said that I leaked company secrets, requested to check my WeChat chat records and address book on my phone, and if I didn't allow it to be checked, I would be dismissed. In March of this year, Ms. Lin, who worked for a medical technology limited company in Wuhan, Hubei, encountered an incident that made her angry. On March 7th, the company proposed to check employees' mobile phones during a regular meeting under the pretext of "finding a mole" because someone had leaked the company's organizational structure and personnel information. Due to helplessness, the employees underwent an inspection, but the next day, the company requested to check their phones again. This time, Ms. Lin refused to cooperate, but the company believed that Ms. Lin was an "insider" and forcibly dismissed her, refusing to provide compensation. Do employers have the right to view employees' WeChat chat records? What is the boundary for employers to collect and process personal information of workers based on their employment management rights? What should workers do when their privacy rights are violated? Does not letting the phone check violate the rules and regulations? Ms. Lin told Workers' Daily that in June 2021, she joined the medical technology limited company and did not violate the company's rules and regulations during her tenure. The employee dismissal notice issued by the company states that Ms. Lin has seriously violated the company's rules and regulations, seriously neglected her duties, and failed to meet the company's job requirements. She will be terminated from the labor contract and will not be required to pay labor compensation. Ms. Lin was puzzled as to whether it was a violation of rules and regulations to not allow mobile phone checks. She stated that the company not only refused to pay labor compensation, but also deducted her performance-based salary from February 1st to March 8th, and even forcibly checked her personal backpack when driving her out of the office area. Xiong Xingxing, a lawyer at Jilin Zhengji Law Firm, believes that the practice of employers checking workers' WeChat chat records on their mobile phones violates their personal information rights, privacy rights, personal dignity, and even involves infringing on the privacy of third parties. According to Article 1032 of the Civil Code, natural persons have the right to privacy, and no organization or individual may infringe upon the rights of others through espionage, intrusion, disclosure, or disclosure. "Xiong Xingxing said that the WeChat chat records and address books on workers' mobile phones belong to private information in personal information, and employers have no right to view or inspect private backpacks. If there are no issues with Ms. Lin's performance evaluation, the company has no right to deduct her performance salary. If the company does not have evidence to prove its claim of gross negligence and leakage of confidential information, and dismisses the employee solely because they do not cooperate in checking their mobile WeChat account, it constitutes illegal termination of the labor contract and requires payment of compensation. Xiong Xingxing also emphasized that the employee's personal WeChat chat records collected by the employer without consent should not be accepted as legal evidence. Currently, Ms. Lin is applying for labor arbitration. Not long ago, the Beijing Second Intermediate People's Court also disclosed a labor dispute case involving infringement of employees' personal information, where unauthorized restoration of workers' deleted chat records was found illegal. Ma has signed two consecutive contracts with an environmental protection company

Edit:Ying Ying    Responsible editor:Jia Jia

Source:www.workercn.cn

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Return to list

Recommended Reading Change it

Links

Submission mailbox:lwxsd@liaowanghn.com Tel:020-817896455

粤ICP备19140089号 Copyright © 2019 by www.lwxsd.com.all rights reserved

>