Privacy and Confidentiality
Collection of Personal Data
The collection of personal data is used for purposes that are consistent with the University’s missions. Student Development Services will use the data for services include but not limited to exam accommodations, counselling service to support student’s special educational needs. Personal data will only be collected if it is necessary for the support of the student and the student should be informed of the purpose(s) at the time their personal data are being collected.
What is confidentiality?
CityU, as a data user, undertakes to comply with the requirements of the Personal Data (Privacy) Ordinance. The Personal Data (Privacy) Ordinance was brought into force on 20 December 1996 to protect the privacy interests of living individuals in relation to personal data. It applies to any person (data user) that controls the collection, holding, processing or use of personal data. The University ensures that personal data kept are accurate, secure, protected and will only be used for the purpose for which they have been collected.
Any disclosure or sharing of personal information must have expressive and/or written consent from the student or his/her authorized representatives. CityU will not share any personal information, including the SEN profile, with external parties, except for when it is essential or required by law. Students have the right to request access to and correction of their personal information.
Subject to the requirements of the law, the identity of students will not be revealed deliberately or inadvertently without permission. CityU should ensure the student, at the earliest opportunity, on potential scenarios that warrant a breach of confidentiality. Such exemption will be considered on a case-by-case basis, where in most occasions student data are kept confidential.
Exceptions to Confidentiality
There may be limitations in maintaining confidentiality due to ethical or legal obligations:
(i) Conflict on ethical or legal obligations that the staff may face;
(ii) Need for consultation or communication with third parties to enhance service effectiveness;
(iii) Serious concerns about physical safety or situations warranted by prevailing laws
These conditions will result in the urge to breach a confidentiality agreement.
Security of Student Data
CityU recognises and accepts the differences of individuals, and respect students’ confidentiality. Having said that, the student’s SEN profile and individualized support measures, such as exam accommodations, will be kept among few parties: Academic Regulations and Records Office (ARRO), Student Development Services, and academic units.
There is a central system that keeps students’ record with high security. All practicable steps shall be taken to ensure personal data of students are protected against unauthorized or accidental access, processing, erasure, loss or use. Academic staff shall only be informed about their students’ special educational needs upon obtaining students’ consent. In addition, academic staff would have access to the recommended support strategies discussed and suggested by the Student Development Services, and the special examination arrangements approved by students’ academic units. The academic staff are recommended to adjust their teaching activities and instructions according to the diverse needs of different students.
Restricted documents should be kept securely and ideally not on portable electronic storage devices (e.g. USBs, laptops, CDs). In electronic storage devices, personal data should be encrypted and protected with a firewall system, antivirus and repair software to prevent unauthorised or accidental access or loss of information. If information must be stored in portable electronic storage devices, these devices should be protected with proper security measures, such as password protection and secure storage of the device. Staff should report to the University and/or Student Development Services immediately upon any suspected or actual loss of data.
Academic staff and SEN Officer should take all practicable steps to prevent the identity of individuals from being revealed, deliberately or inadvertently, without their expressed permission.
Thinking Bubble:
Q: Shall the academic staff announce to the class about a student’s SEN information for better inclusion?
Ans: No, in most cases. To facilitate inclusion and the student’s learning, academic staff should try to make adjustment and accommodation to the curriculum and teaching strategies. Actions include, but not limited to, the creation of an inclusive atmosphere for the whole class, differentiated instructions and quality teaching. Naming a specific student does not necessary generate better inclusion atmosphere. The support given in class is best to be universal, which will benefit to the class and the target student.
Any individual exam accommodation given should be kept among the student, the University and the teaching staff. Disclosing a student’s SEN condition certainly violates the privacy ordinance, and the student’s consent must be obtained ahead of time.