Realization of the constitutional right to protect information in labor relations

The constitutional right to protect information has an interdisciplinary character. The labor legislation contains one of the mechanisms aimed at ensuring the safety of confidential information, by fixing the relevant conditions in the employment contract and responsibility for its violation by the employee. The article puts forward the idea of the need to classify the terms of an employment contract for non-disclosure by an employee of a secret protected by law (state, official, commercial or other) to the category of mandatory conditions. The attention is drawn to the impossibility of full protection of information constituting a commercial secret, based on current labor and civil law. Even taking into account the provisions of the Federal Law “On Commercial Secrets”, the legislation does not contain a mechanism for recovering from an employee losses incurred to an employer by disclosing information constituting a commercial secret. It is proposed to use for this purpose the construction of a non-competition agreement between an employee and an employer developed in foreign countries.