12 Personal data privacy ordinance and policy on equal opportunities

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12 Personal data privacy ordinance and policy on equal opportunities

University policy on protection of personal data

With the enactment of the Personal Data (Privacy) Ordinance in December 1996, the University established its personal data protection policy which is set out below:

Principle 1 – Collection

The University provides education and training services. In order to do so, it carries out various activities and collects and uses personal data for various purposes relating to such activities.

Before collecting personal data from you, the University will provide you with the information required by the Ordinance, and will notify you of your right to obtain a copy of, and correct any inaccuracies in, your personal data held by the University.

The University will treat your personal data as confidential. However, from time to time, it may need to disclose your personal data to other persons in order to carry out its activities or because it is required to do so by law. Where possible, the University will try to ensure that the recipient of the personal data also agrees to treat them as confidential and in accordance with the provisions of the Ordinance.

Principle 2 – Accuracy and retention

The University will, where practicable, take steps to ensure that the personal data it maintains on you are accurate, but you should note that the responsibility for informing the University of changes in your personal data rests with you. The University cannot establish whether your personal data are correct unless you notify the University of any changes. If your personal data are incorrect, the University will take steps to correct such personal data before it uses such data, or will ensure that they are erased.

The University will from time to time review whether it still needs to keep your personal data. Personal data which are no longer required will be deleted.

Principle 3 – Use

Unless it has your consent, the University will not use your personal data for any purpose other than the purpose for which they were collected (or a directly related purpose).

Principle 4 – Security

The University will take steps to protect your personal data against unauthorized or accidental access, processing, erasure or use.

The University has produced a Code of Practice to provide guidance to staff and other individuals who have either a contractual or educational connection with the University.

Principle 5 – Information

On or before collecting personal data from you, the University will inform you:

  1. why it is collecting your personal data;

  2. the purposes for which this data may be used;

  3. to whom it may be transferred; and

  4. your rights under the Ordinance to ascertain whether the University holds personal data on you.

The University's Code of Practice gives details on:

  1. the kinds of personal data which the University holds;

  2. the purposes for which the University holds such personal data; and

  3. the policies and practices of the University in relation to such personal data.

Principle 6 – Access and correction

In accordance with the Ordinance, you are entitled to write to the University:

  1. to ascertain whether the University holds personal data on you; and, if so

  2. to ask for a copy of such personal data; and

  3. to require correction of any inaccuracies in such personal data.

You may make such requests with the forms provided by the University for such purposes. Copies of these forms may be obtained from the University Data Protection Officer. The University may charge you a fee to cover its administrative costs.

Personal data (privacy) notice

The Personal Data (Privacy) Ordinance (the Ordinance) came into effect on 20 December 1996. In this connection, the University has established its own personal data protection policy and procedures for compliance with the requirements of the Ordinance. You are required to note the following on or before supplying your personal data to the University.

Requirement to supply personal data

When you become a student of the University, personal data collected during the admission process will become part of your student record. You must inform the University in writing of any changes in your personal data, with copies of relevant documentary evidence where applicable. It is also necessary for you to supply your personal data to the University as and when required.

Consequences of failing to supply personal data

The University may not be able to process academic and administrative matters relating to you if you fail to provide the required data.

Purposes for using your personal data

Your personal data will be used by the University for student and University administration purposes, which may include the following:

  • admission

  • registration/re-registration and monitoring

  • accounting for fees

  • planning and control of curricula and examinations

  • commissioning and approving educational materials

  • assessment and publication of examination results

  • graduation and award

  • communicating with you

  • course-related communications

  • promotion and public relations activities

  • student welfare

  • liaising with student associations

  • research and surveys

  • alumni

  • management analysis

  • preparation and submission of statutory returns

  • monitoring the use or performance of equipment, vehicles or services

  • security

  • compliance with legislation and regulations of the Hong Kong Special Administrative Region and those of other jurisdictions relevant to University business

  • any other related academic and administrative services.

Classes of persons to whom the University may transfer your personal data

Personal data held by the University related to you will be kept confidential but they may be provided to the following third parties:

  • students in your course(s)/programme(s) to facilitate communication;

  • student bodies, e.g. Students' Union, student associations and alumni;

  • any individuals and/or agents who provide academic and administrative services to the University;

  • any individuals and/or agents who conduct surveys and research for the University; and

  • donors of student scholarships and bursaries, and other awards.

The University will comply with the requirements in Part 3 Section C (3) and (4) of the University Code of Practice on Personal Data Privacy in the disclosure and transfer of your personal data to a third party.

Right to request access to and correction of personal data

In accordance with the terms of the Ordinance, you have the right to:

  • check whether the University holds personal data about you and gain access to such data;

  • require the University to correct any inaccurate personal data relating to you; and

  • be informed of the kind of personal data relating to you held by the University.

Where necessary, you may be asked to provide further information to help locate the required data for processing your request. The University may refuse to comply with your request if it is impractical to do so.

Requests for access to or correction of personal data

Requests for access to or correction of personal data may be made to the Data Protection Officer (DPO) by completing the Data Access Request Form as specified by the Office of the Privacy Commissioner for Personal Data or the Data Correction Request Form as specified by the University. The University may charge a reasonable fee to cover the administrative costs for complying with a data access request.

For enquiries, you may contact the Data Protection Officer at:

The Open University of Hong Kong
30 Good Shepherd Street
Ho Man Tin, Kowloon,
Hong Kong
Email: DPO@ouhk.edu.hk

Policy on equal opportunities

OUHK's position on equal opportunities

It is unlawful for a member, employee or student of the University to harass, discriminate against, vilify or victimize another member, employee or student of the University, or any other person who has dealings with the University, on the grounds of sex, marital status, pregnancy, family status, disability or race of that person. The University will not tolerate any unlawful acts of harassment, discrimination, vilification or victimization and it will uphold this principle in all of its operations.

The University, and members and employees of the University who hold supervisory positions, will take all necessary steps in order to ensure that any member, employee or student of the University or any other person who has dealings with the University is not subject to any unlawful acts of harassment, discrimination, vilification or victimization in their employment or in their educational experience.

Members, employees and students of the University should observe the requirements of the Sex Discrimination Ordinance, the Disability Discrimination Ordinance, the Family Status Discrimination Ordinance and the Race Discrimination Ordinance as stipulated in the Codes of Practice issued by the Equal Opportunities Commission, and any anti-discrimination ordinances that may be enacted. They may be personally liable for acts committed by them.

Proceedings on complaints of harassment, discrimination or victimization

The University has appointed an Equal Opportunities Officer as a contact person to receive related claims. If staff members, job applicants, students or student applicants feel that they have experienced harassment, discrimination, vilification or victimization within the University, they may make a complaint and are encouraged to do so as soon as possible after the alleged incidents. Both formal and informal proceedings are available.

The informal process may be useful when the party concerned does not realize that certain behaviour is offensive to the recipient, and it may enable prompt action to be taken to stop the unwelcome behaviour at the earliest possible stage. Informal resolution procedures may include talking directly with the respondent or seeking an advocate such as a Dean/Director/Unit Head and Course Coordinator with whom the complainant feels comfortable. This person may provide advice and support to the complainant and serve as an informal mediator between the complainant and the respondent.

The complainant may also file a written complaint to the Equal Opportunities Officer in accordance with the formal proceedings.

Apart from invoking internal procedures, the complainant may lodge a complaint directly with the Equal Opportunities Commission or take action in the District Court.

The University's Policy on Equal Opportunities is available on the OUHK website (Current Students). The contact details of the Equal Opportunities Officer are as follows:

The Open University of Hong Kong
30 Good Shepherd Street
Ho Man Tin
Hong Kong
Email: EOO@ouhk.edu.hk


Modified Date: Dec 10, 2019