E世代知識管理管理平台中 隱私權與智慧財產權法的爭議

Abstract

隨著系統工具的加強，知識管理的內涵漸漸由企業的資訊流轉向到員工知識甚至於隱性知識的管理，以冀將員工個人知識轉換為組織知識。但透過資料分析符碼化員工的思考歷程與隱性知識涉及對員工思考程序的侵入，可能構成對隱私權的侵害，原則上應得到員工同意。隱性知識應在法律上如何定性亦待深究，由於權利範圍劃定不易且對文化傳播影響重大，將之物權化並不可行，但企業與員工間可以透過契約賦予隱性知識價值。

In recent years, the focus of knowledge management has shifted from management of information flow to that of the tacit knowledge of employees. Business organizations are now using various analytical tools to transform individual knowledge of employees to organizational knowledge. However, if such a codification process involves ecoding of an individual’s thinking process, business entities will likely infringe employees’ privacy and are advised against doing so without consent from employees. The legal status of tacit knowledge has yet been frequently discussed. Considering the difficulties in designating the boundary of property and its arising effects on cultural developments, this study advises against propertization. However, enterprises are encouraged to enter into contractual arrangements to give employees reasonable financial awards for their contribution to the enhancement of organization knowledge.