工作场所电子邮件监视与雇员隐私权保护

E-mail Monitoring in Workplace and the Protection of Employees' Right to E-mail Privacy

工作场所雇主对雇员进行电子邮件监视正成为一个世界性问题。针对邮件监视行为,雇主和雇员都有正当而相互冲突的利益存在。欧洲在个人数据和雇员电子邮件隐私保护方面比较进步,相关经验值得借鉴。解决该问题的关键在于对雇主管理权与雇员隐私权作适当的平衡,雇主对雇员的邮件监视应遵守比例原则,监视不得毫无限制、无处不在,即使是在工作时间、工作场所,仍应适当保留雇员与工作无关的个人邮件的隐私空间。

E-mail monitoring in workplace is becoming a worldwide problem now. Both employers and employees have legitimate but conflicting interests toward e-mail monitoring. In Europe, individual data and e-mail privacy of employees are protected well relatively. We can learn from it. What is most important is to balance the employers＇ management right and employees＇ right to privacy. Proportional principle should be followed, which means that monitoring can＇t be omniscient and employees can use pure personal e-mails not related to work reasonably, even in workplace and in office hours.