Wuhan short message equipment co., ltd

This company in Wuhan requires employees to send screenshots of mobile phone power after work, which violates employees' personality rights, that is, privacy rights. The Law on Personal Rights clearly stipulates that every natural person has the right to privacy according to Article 1032 of the Civil Code. No organization or individual may infringe upon the privacy of others by spying, harassing, exposing or making public. Privacy is the private space, private activities and private information that natural people live peacefully and don't want to be known by others. Article 1033 of the Civil Code stipulates that it is not an infringement of privacy to ask the consent of the obligee.

Regarding the right to privacy, although the Civil Code expressly stipulates that no unit, organization or individual may infringe upon the right to privacy of others by spying, invading, disclosing or making public. , which is stipulated in Article 1033 of the Civil Code, unless otherwise stipulated by law or expressly agreed by the obligee. What does this passage mean? For example, if I check your mobile phone without your consent, it is an invasion of your privacy. I checked it with your consent.

There is a simple reason. When I used to work in a communication company, the company had to locate and track each employee's mobile phone, which was definitely an act of infringing citizens' personal privacy, but the company would sign an agreement with you in advance, which means that you voluntarily agreed to the real-time location of your mobile phone by the company. Then after signing this agreement, the company's behavior of locating the whereabouts of my mobile phone does not belong to infringement of privacy.

At that time, we worked in a communication company. Because we have to do line maintenance outside and run around, the company is afraid that we will be lazy. Therefore, every employee who joins the company must sign such an agreement. If you don't sign this agreement, you will be expelled from the company. There is no room for discussion. Where did you go every day after signing the agreement? What do you do every day? There will be no privacy at all, that is, how many times you have been to the public toilet company can clearly know through the positioning software.

Take the case of this company in Wuhan as an example. He asked employees to send screenshots of mobile phone power, and he would definitely hold a small meeting in advance and ask employees to agree. If you don't agree, you will either be fired or the company leader will give you a hard time. In this way, between privacy and work, employees can only give up privacy and choose work.

Then in this case, the company has obtained the consent of the employees, so the company does not violate the law, and there is no problem of infringement of privacy.

problem analysis

1. What relevant laws are involved?

The situation of this company in Wuhan mainly involves the provisions of article 1032 of the Civil Code on the privacy of natural persons, while article 1033 of the Civil Code stipulates that if the company requests to send screenshots of mobile phones after obtaining the consent of employees, it is not illegal.

Second, the right to privacy.

1. The right to conceal personal privacy from others, but not illegal acts, provided that it is reasonable and legal.

2. The right to actively use personal privacy to meet spiritual and material needs, but not on the basis of harming the interests of others. For example, some time ago, a man stole a girl's underwear and then went home to do it, which is beyond the scope of this clause.

3. Have the right to control your privacy, as long as it doesn't violate public order and good customs. In other words, although you have your own privacy, you can't do bad things.

Third, legal operation.

Many companies will sign relevant agreements with employees in advance when it comes to infringing on their personal privacy, so that employees can give up their privacy and tell true stories. I used to work in a communication company, and the company needed to track and locate my mobile phone. When I joined the company, I signed an agreement with him. In the agreement, I voluntarily agreed to be positioned by the company. In this way, the company will not invade my privacy. The company did this in order to obtain the consent of the natural person or his guardian according to Article 1033 of the Civil Code.

This company in Wuhan requires employees to send screenshots of mobile phone power after work. Without the employee's consent, it violates the provisions of Article 1032 of the Civil Code on the privacy of natural persons. If this company in Wuhan voluntarily sends screenshots of mobile phone power with the prior consent of employees, according to Article 1033 of the Civil Code, with the consent of natural persons or guardians, it is not an infringement of privacy.