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Can Your Employer be Told if You Don’t Wear an E-Bike Helmet?

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Government employees in Yangzhou of our very own Jiangsu Province are having their lives made even more miserable as a crackdown on illegal e-bike-usage habits spreads its tentacles even beyond the domain of civil servants. But is it an invasion of personal privacy?

On 15 November, a notice issued by the Traffic Police of Yizheng, the county-level City under the administration of Yangzhou, attracted much attention. The notice stated that traffic violations such as e-bike riders not wearing helmets as required will be investigated and exposed. They were also to be reported to their villages, residential communities and employers.

Yet, that notice was only in part true, as media outlet, The Paper, found out when it spoke with Yizheng PSB. That organ then retracted the notification released by the Traffic Police, saying it was flawed in so far as the reporting of e-bike-riding violations to employers is in fact reserved only for civil servants.

But while we may or may not feel sorry for them, the first part of the notice still holds true. And that’s what has people in Yangzhou up in arms.

Specifically, the new ruling states that from 15 November, the aforementioned punishments shall be applied to e-bike riders who do not wear safety helmets, run red lights, ride in the opposite direction, do not ride in their designated lanes or have sunshades installed, plus many more offences.

Such violations will be investigated and punished, with evidence thereof collected from surveillance cameras to be used to shame offenders by way of various media platforms and outdoor electronic displays. 

The question therefore becomes, does the new ruling infringe on personal privacy?

Sun Yongbiao is a partner at Beijing Dacheng (Nanjing) Law Firm. “The party should be informed in advance and allowed to defend themself. If the detailed identity information of the party is directly reported to villages, residential communities and other organs, the procedure is inappropriate”, Sun said.

Another lawyer, who did not want to be named, also said that the current law does not clearly stipulate whether a party’s personal information can be reported for minor violations. As such, the ruling has no legal basis.

Back where we began, with those poor civil servants, a representative of Yizheng PSB noted the increase in e-bike accidents in recent years. The reporting of illegal behaviour on two electrified wheels to the employee’s government organ can persuade them to be a role model in encouraging all e-bikers to consciously wear helmets and to travel in a civilised and safe manner.

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