关键词: 信息侵害, 就业歧视, 不法解雇, 私法救济, 劳动法救济

Abstract: The employer’s processing of the employee’s personal information is accompanied by the establishment, continuation and termination of the labor contract, and the infringement caused by the data processing also runs through the labor relationship. In workplace, employers’ illegal violations of workers’ personal data are mainly manifested in the forms of excessive collection, workplace monitoring and improper disclosure. The damage caused by the infringement of employees’ personal data presents a two-tier structure, namely, the damage caused by the infringement of personal data itself and the damage caused by the labor rights and interests derived from the infringement, the later mainly manifests in employment discrimination and wrongful dismissal. For the damage caused by the infringing information, employees can eliminate it through the right of deletion, withdrawal or correction; and they have the right to request the restoration of labor relations. If the damage is still irreparable, they can also claim compensation for material and spiritual damages. However, the damage to labor rights and interests caused by data processing cannot be fully remedied through the private law, and it is still necessary to return to the labor law. By expanding employees’ right to terminate their employment unilaterally, employers can be prevented and punished for their wrongful data processing. Collective contracts can be used to regulate data-processing activities in the industry, activate the functions of trade unions and compensate for the shortcomings of employees’ autonomy. The connotation of the labor standards should be updated to include the protection of employees’ rights and interests, and employees’ data infringement should be included in the scope of labor inspection and labor dispute resolution mechanisms.

Key words: information infringement, employment discrimination, wrongful dismissal, private law relief, labor law relief