This company in Wuhan requires employees to send screenshots of mobile phone power after work, which infringes on employees' personality rights, that is, the right to privacy. The law on personality rights clearly stipulates that according to Article 1132 of the Civil Code, the right to privacy is enjoyed by every natural person. No organization or individual can infringe upon others' right to privacy by spying, harassing, revealing or making public. Privacy is the private space, private activities and private information that natural people live peacefully and are unwilling to be known by others. Article 1133 of the Civil Code stipulates that if the consent of the obligee is sought, it is not an infringement of privacy.

Regarding the right to privacy, although it is expressly stipulated in the Civil Code that no unit, organization or individual may infringe upon others' right to privacy through spying, intrusion, disclosure, publicity, etc., it is stipulated in Article 1133 of the Civil Code, unless it is otherwise stipulated by law or expressly agreed by the obligee. So what does this passage mean? For example, it is an infringement of your right to privacy that I check your mobile phone without your consent, and I check your consent after asking for it.

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

At that time, we were working in a communication company, because we had to do line maintenance outside and run around everywhere. The company was afraid that we would be lazy, so every employee who joined the company had to sign such an agreement. If you didn't sign this agreement, you would be expelled from the company, which was non-negotiable. After signing the agreement, where did you go every day? What did you do every day, there would be no privacy, that is, how many times did you go to the company?

Take the case of this company in Wuhan as an example. He asked employees to send screenshots of mobile phone power, and there must be a small meeting in advance, asking employees to agree. If you don't agree, you will either be fired, or the company leaders will make things difficult for you. In this way, between privacy and work, employees can only give up privacy and choose work.

So 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.

analysis of the problem

1. What relevant laws are involved

The situation of this company in Wuhan mainly involves the provisions of Article 1132 of the Civil Code on the privacy rights of natural persons, while Article 1133 of the Civil Code stipulates that if the company requests to send screenshots of mobile phones after obtaining the consent of employees, then this matter is not illegal.

Second, the right to privacy

1. The right to conceal one's privacy from others, but it does not include illegal acts, provided that it must be reasonable and legal.

2. The right to make active use of one's privacy to meet one's 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 that, which is not within the scope of this clause.

3. You can control your privacy as long as it doesn't violate public order and good customs. That is to say, 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 rights, so that employees can give up their privacy rights. To tell the truth, 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 me. In the agreement, I voluntarily agreed to be located by the company. In this way, the company will not infringe on my privacy. The reason why the company does this is to obtain the consent of the natural person or his guardian according to Article 1133 of the Civil Code.

This company in Wuhan requires employees to send screenshots of mobile phone power after work. Without the consent of employees, it violates the provisions of Article 1132 of the Civil Code on the privacy of natural persons. If this company in Wuhan, with the prior consent of its employees, voluntarily sends screenshots of mobile phone power, according to Article 1133 of the Civil Code, with the consent of the natural person or guardian, it is not an infringement of privacy.