In recent years，Disputes caused by the employer from the installation of monitoring facilities in the workplace occur.。If in November 2021，A company by monitoring employees' non -working traffic information，It is found that some employees are engaged in activities that have nothing to do with work during working hours，and accordingly punish the employees involved，Treatment of extensive attention。This raises the following questions: Is the employer installed and monitoring facilities in the workplace is legal? Does it constitute an infringement of the privacy of workers?，Become a big problem。

[Basic Case] ​​Zhang Moumou and Shenzhen Linkda Micro Loan Co., Ltd. dispute (see the Guangdong Provincial Higher People's Court (2020) Civil Ruling No. 8843) Typical cases of disputes caused by facilities。In this case，Zhang Moumou is the middle management cadre of Shenzhen Linkda Micro Loan Co., Ltd. (hereinafter referred to as "Linkda Company")，Link Company In order to ensure the work of the workplace、Cai、The safety of things，Monitoring camera was installed at its employee workplace。Zhang Moumou thinks，The camera installed by the Linga Company is located above its head，Easy to shoot its privacy。To avoid monitoring，Zhang Moumou insisted on supporting more than ten working days on his station。During this period，The personnel manager of the Lingda Company communicated with Zhang Moumou in the workshop.，and July 3, 2019、On the 4th, I sent a warning letter to Zhang in writing，But Zhang Moumou refused to correct and obey management。Linkdo Considuous，Zhang bet365 Play online games Moumou's behavior affects the company’s normal work order，and have caused adverse effects to other employees，Seriously violated the company’s labor discipline，Therefore, the labor contract with Zhang Moumou。One of the focus of the controversy in the case，Whether the behavior of the Linkdo company installed the camera infringes Zhang Moumou's privacy。The court thinks，The area where Linkdo installed the monitoring camera is a public place for multiple people to work，The purpose is to ensure the safety of the workplace，The location of the installation is usually above the corner，This behavior belongs to the supervision right of the company's normal use of the user unit，There is nothing wrong with。

[Legal analysis] The case involves the legality of the employer's installation of monitoring facilities at the workplace，To explore this question，First need to be clear，Does the worker enjoy the privacy in the public place in the workplace? According to traditional views，"Privacy stops before the door"，That is public places outside the house，Personal principle does not enjoy privacy。With the development of society, especially the development of privacy，The scope of protection of privacy is continuously expanded，It is generally considered now，Housing is not the boundary between private life and public domains，In public places，Individuals still enjoy the right to privacy。From the regulations of the "Civil Code" of my country's "Civil Code"，It does not emphasize that privacy must exist in private spaces such as houses，In public places，Individuals can still enjoy privacy in accordance with the law。In public places，Individuals, although voluntarily exposed their activities，Its privacy rights should be subject bet365 live casino games to a certain limit，But this does not mean that individuals voluntarily abandon their privacy，In public places，Individuals still have a private space for it、Private activities、Private information, etc. enjoy privacy。For example，Personal activity trajectory in public places、Personal talk with others in public places、The Internet content of individuals in public places, etc.，Personal private information，It should still be protected by privacy。In the aforementioned event，Internet access activities of workers in the workplace，What kind of webpage did its browsing，What apps did you use，Even the company’s public network，Also belongs to personal private activities and private information，It should still be protected by privacy。

Of course，Enjoying privacy in the workplace does not mean that the employer has no right to perform any monitoring behavior of employees，Otherwise, the employer's normal operation、Management order will be difficult to maintain。For example，In the aforementioned case，The court thinks，The purpose of Linkda Company to install a camera in the workplace is to ensure the safety of specific workplace，The supervision right of the normal travel unit。I think，Is the monitoring behavior of the employer legal，Whether it constitutes the infringement of the privacy of the workers，It shall be specifically judged in accordance with the provisions of the Civil Code and other laws。According to Article 1033 of the Civil Code，Except for other provisions of the law or the right holder clearly agrees with accident，No organization or individual may implement an act that infringes on the privacy of others。Based on this，In the case of the protection of the privacy of the workers，The legitimacy Bet365 lotto review foundation of the employer's monitoring behavior is as follows.。

First is the clear provisions of the law。In the case of the law clearly stipulated that the employer can implement the monitoring behavior of the workers，Employers implement relevant monitoring behaviors without obtaining the consent of the workers。According to Article 4 of the Labor Contract Law，To ensure that workers enjoy labor rights、Performing labor obligations，Employers can establish and improve labor rules and regulations，And this kind of labor rules and regulations may include the terms of the workplace monitoring workers。So，If the employer monitor the workers based on its labor rules and regulations，In a sense,，Also belongs to behavior based on law。But it is not appropriate to think about，The behavior of the employer's monitoring of the workers based on the labor rules and regulations is legal acts，Because of the provisions of Article 4 of the Labor Contract Law，Labor rules and regulations shall "establish and improve according to law"，If the labor rules and regulations are not legitimate，It is difficult to become the basis for the legality of the employer to manage the legality of the workers。Further,，When the employer monitors the behavior of workers based on the labor rules and regulations,，Is the behavior legal，It also needs to review the legitimacy of the labor rules and regulations itself。If the monitoring terms in the employer's labor rules and regulations are seriously restricted or even exclude the privacy of the workers，It should be determined that this clause violates the compulsory regulations of the law，or violate public order and customs，It should be identified as an invalid clause，The behavior of the employer monitoring workers based on the labor rules and regulations Bet365 lotto review is no longer legitimate。Whether the terms of monitoring workers in the labor rules and regulations and systems are valid，It is necessary to consider the specific way of monitoring the employer、Surveillance venue、The purpose to be achieved for the monitoring behavior、The degree of monitoring behavior of the limitation of the privacy of workers，Comprehensive judgment。For example，If the employer is performed by the personnel to protect its business secrets, it is necessary to protect its business secrets，And related monitoring measures are also proper (such as monitoring for specific places only at a specific time period)，then the monitoring behavior may be legal; but if the employer is only based on the needs of broad enterprise management, the monitoring behavior，and related monitoring measures to constitute a great restriction on the privacy of the workers，This behavior may constitute an infringement of the privacy of the workers。

Second, the workers explicitly agree，That is, the workers clearly agree that the employer is agreed with the surveillance behavior of the employer。Under the situation that lacks the law clearly，If the employer can obtain the clear consent of the worker，then it can also take relevant monitoring measures。From the provisions of Article 1033 of the Civil Code，The clear consent of the right holder does not need to adopt a written form，But the right holder must have the meaning of clear consent，Otherwise, you must not be regarded as a clear consent。For example，The employer told the workers that they will take monitoring measures at a specific workplace，If the workers have not expressed their opposition，I didn’t agree with it，It cannot be determined that the workers have Bet365 app download made a clear consent，Even if the worker takes the initiative to enter the monitoring place，It can not be determined that the workers have agreed to this。other，The clear consent of the workers also requires that the employer must do their best to inform the obligation，The employer shall inform the time of the monitoring measures it takes、range，Monitor the scope of the private information of the laborer or collecting the private information of the laborer，To facilitate the decision to make workers make an consent。If the employer does not fulfill his obligation to inform the instructions，Even if the workers make the meaning of consent，It is impossible to produce the legal effect of consent。What needs to be pointed out is，Even if the worker makes consent，The employer should also take relevant monitoring measures within the scope of the workers，Otherwise, it will also constitute an infringement of the privacy of the workers。For example，Monitoring facilities betrayed by some merchants in the market，You can monitor them when the person is completely unknown，In this case，Even if the workers have agreed to the monitoring behavior of the employer in advance，But if the monitoring measures taken by the employer exceed the scope of the employee consent，It also constitutes the infringement of the privacy of the workers。

Of course，Monitoring of workers by employers not only involves the protection of the privacy of workers，It also involves the protection of personal information of workers，If the employer not only collects the information of the workers through the monitoring method，and may analyze the personal information of the workers、Public, etc.。At this time，The employer shall be a personal information processor，The behavior of the personal information of the workers should bet365 best casino games also be adjusted by legal specifications such as the Civil Code and the Personal Information Protection Law。

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(Author Unit: School of Law, Central University of Finance and Economics)