Problems Surrounding The Collection and Disclosure of Workers' Personal Data  

Oleh:

Sunaoshi, Ikuko

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Japan Labor Review vol. 1 no. 3 (2004), page 55-67.
Topik: WORKERS; problem surrounding; collection; workers; personal data
Fulltext: Ikuko Sunaoshi.pdf (58.97KB)

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Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ134.1 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Generally speaking, the protection of employees’ personal data has not received much attention in Japanese labor relations. Under the system of long - term employment, the idea that employers needed to obtain as much personal data of their employees as possible for personnel management purposes has been accepted by both management and labor. However, individual workers seem to be changing their attitude on this question, and fewer workers entertain the prospect that they will be able to work for the same company until retirement. Consequently, the usual attitude of entirely depending on a company is declining. In addition, as more women enter the labor market, the number of workers who feel uncomfortable about providing their employers with extensive personal data is increasing. In today’s highly information - oriented society, moreover, various violations of privacy are increasingly seen as a problem, and there has been growing recognition about the importance of protecting personal data. The Personal Data Protection Law, which deals with the protection of personal data in general, was enacted on May 23, 2003, and the former Ministry of Labour issued the “Code of Practice on the Protection of Workers’ Personal Data” on December 20, 2000 to protect personal data in the workplace. The contents of this code are in line with international trends. Thus, substantial measures have been taken to protect employees’ personal data. However, the importance of employees having access to their own files has yet to receive the attention it deserves. In Japan, the collection of employees’ personal data has never been conducted on the basis of equality between employees and employers; while employees are required to submit personal data, employers do not have to disclose that data to employees. For the past several years, many companies have implemented performance - based wage systems, and in this context, the extent to which employees should be allowed to access personnel management data held by employers is becoming an important issue. Another emerging issue is e - mail monitoring in the workplace. The need for such monitoring cannot be completely dismissed as it is a means to maintain corporate security, but constraints should be placed on such monitoring to protect the privacy of employees. Moreover, employees should be informed about the purpose and method of monitoring before it occurs. The first part of this article discusses certain characteristics of Japanese labor relations, and the second outlines the basic legal and administrative framework for protecting the personal data of prospective and current employees. The third part examines the present situation using actual cases. The fourth part discusses problems that arise when personnel data held by employers is disclosed, and the fifth and last part discusses the problem of e - mail monitoring in the workplace.

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