电子邮件雇主知情权与雇员隐私权的冲突与协调

On the Conflict and Harmony between the Right of Privacy of Employees' E-mail and That of Employers' Knowledge

雇主监控雇员的电子邮件,可能侵犯雇员的隐私权。但是,如果不加以监控,雇员有可能利用电子邮件侵犯雇主的利益。雇员的电子邮件隐私权与雇主知情权之间的冲突已经成为一个无法回避的问题。企业从自身利益出发,有理由对电子邮件进行监控,但应尊重雇员隐私,注意保持两者的平衡。在我国目前无法律明文规定的情况下,要判断雇主是否应对监控行为负侵权责任,必须依据一些法律原则在雇主与雇员之间进行利益衡量。

The supervision on the E-mail will inevitably concern the employees＇ privacy and hence impinges on it. Nevertheless, no supervision might lead to the fact that employees may damage their employers＇ benefits after all. Accordingly, the conflict between the privacy of the employees＇ E-mail and the knowledge of their employers has become a problem that cannot be evaded. Considering their own interest, enterprises have the right to supervise the E-mails of their employees, but at the same time, they have to respect their privacies. In the present situation in which there is no relevant law concerning the problem, the employers have to take into account some relevant legal principles when supervising their employees＇ E-mails.