劳动场景下个人信息处理规则的适用困境与重构OACHSSCD

In the era of digital intelligence,the protection of laborers'personal information is facing severe challenges.The current Personal Information Protection Law has difficulties in application in the workplace context.This paper analyzes the specific obstacles faced by the application of these rules in the labor field and explores the path to institutional improvement.This paper finds that due to the unequal status of employers and laborers,consent is easy to become a mere formality in the workplace context,and the clause of"being necessary for human resources management"is transformed into almost unlimited general authorization due to the lack of an objective definition.Facing the above problems,it is necessary to reconstruct the existing rules through legal interpretation or supplementary provisions in labor law based on the principle of preferential protection of labor law and the legal principle of personal information protection.First,it is essential to adjust the application order of the legitimacy basis,position consent as an exception,and establish a tiered notification mechanism.Second,the clause of"being necessary for human resources management"should be narrowly interpreted,with the introduction of dual procedural and substantive review standards.Finally,the burden of proof should be reallocated,and a judicial relief mechanism without adverse consequences should be established.The institutional design of the current personal information processing rules is reasonable,but there is a gap between the application effect in the workplace context and the legislative expectation.Under the premise of adhering to the existing legal framework,it is necessary to return to the core legal principle of the preferential protection of labor law and make targeted adjustments and improvements,so as to achieve a dynamic balance between the protection of laborers'rights and interests and the legitimate management needs of employers.The main innovation of this paper lies in the deep analysis of the structural barriers to the application of general personal information protection rules in the labor field from the perspective of preferential protection of labor law,and the proposal of systematic rule reconstruction,which provides references for correcting the imbalance of rights between employers and laborers and preventing the abuse of algorithms and management rights in the era of digital intelligence.