Personal Information Collection Statment

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Delia School of Canada

Personal Information Collection Statements (PICS)

 

Delia School of Canada pledges to meet or exceed the privacy principles outlined in the Personal Data (Privacy) Ordinance (Chapter 496). In doing so, we will ensure compliance by our staff with the strictest standards of security and confidentiality. The following policies outline the Personal Information Collection Statement, rights of the data subject, operational procedures, and our data retention schedule. All are in accordance with the conditions and regulations prescribed by the Personal Data (Privacy) Ordinance (PD(P)O)

Nothing in this policy shall limit the rights of the data subject under the Personal Data (Privacy) Ordinance. Questions or concerns about the “data we may hold” can be addressed to the Deputy Principal (ITS).

 

Personal Data (Definition)

‘Personal Data’ as defined under the ordinance means any data, relating directly or indirectly to a living individual, or data from which it is practicable for the identity of the individual to be directly and indirectly ascertained; and in/or a form in which access to or processing of the data is practicable. At the School, personal data may generally be classified into factual and evaluative data. Both types of data will be subject to a data access request and are further explained in this document.

Staff members who wish to gain access to his or her staff file may do so by contacting the Deputy Principal (ITS) who may grant access and authorize the Administrative Assistant (ITS) to allow you into the documents room. The room is secured and access is limited.

Relevant Ordinance

Information about the Personal Data (Privacy) Ordinance can be located on the website for the Office of the Privacy Commissioner for Personal Data. The website address is http://www.pco.org.hk. Additional information in regards to Personal Data and the teaching profession can be found on the EDB website or by contacting the Deputy Principal (ITS).

Retention Commitment 

The School is committed to upholding Principle 2 of the Hong Kong Data Protection Principles. This principal dictates that data will not be kept longer than is necessary for the fulfillment of the purpose for which the data was collected for use. For example, documents collected in regards to teacher registration and immigration will only be maintained until the process has been completed. Once the teacher certificate / HKID and Work Visa have been issued to the staff member these supporting documents will be safely and securely destroyed.  This philosophy and workflow allows the School to ensure staff files are up-to-date, relevant and not excessive. 

 

Job Applicants PICS

Delia School of Canada will collect personal data about a prospective employee only when necessary to make an employment decision. The data collected must be relevant to the job. Personal data submitted as part of the application process will be maintained by the School for at least 6 months and no longer than 1 year for unsuccessful applicants.

The personal data collected will be used by the School to assess your suitability to assume the job duties of the position for which you have applied and to determine preliminary remuneration, bonus payment, and benefits package to be discussed with you subject to selection for the position.

Under the Personal Data (Privacy) Ordinance, you have a right to request access to your personal data in relation to your application and have the data corrected if it is inaccurate.

 

Guidelines for Data Collection from Perspective Staff

  • Personal Information Collect Statement (PICS) must be provided to all applicants during the recruitment process.
  • All data collected from job applicants is handled with the same care, security and confidentiality/privacy protocols used to protect all School data.
  • The data will not be transferred/shared with anyone outside the jurisdiction of the Delia Group of Schools (except where we are required to provide the data in accordance with Hong Kong Law).
  • Delia pledges to take all reasonably practicable steps necessary to ensure that only those authorized by the School will see your personal data.
  • Personal data collected from job applicants will be adequate but not excessive.
  • Personal data collected from a job applicant will be relevant to the purpose of identifying suitable candidates for the job.
  • School staff will not collect a copy of the identity card and/or passport of a job applicant during the recruitment process unless and until the individual has accepted an offer of employment. At that time, the school will only record the number and not collect a copy of the HKID/Passport.
  • Information may be compiled about a job applicant, including interview notes and reference checks may be maintained by the School. If maintained, perspective staff have the rights to request access to the data.
  • Personal data in regards to sex, gender, religion, age, marital status, disabilities should not be collected and used as part of the selection process/criterion. 
  • Candidates are not required to submit a photography with the initial application/CV.

 

Current and Past Staff (PICS)

Throughout the course of your employment with the School, we may collect personal data from you in relation to your employment for various human resource management purposes. These purposes include, but are not limited to, provision of benefits, compensation and payroll, facilitating performance appraisals, promotion and career development activities, and the review of employment decisions. The data collected will be relevant to the employee’s current employment status and will be maintained in accordance to the School’s Personal Data Privacy Policy.

The personal data that we have collected will be kept secure and private. The School will not disclose employment-related data to a third party without first obtaining the employee's consent unless the disclosure is for purposes directly related to the employment, or such disclosure is required by law or by statutory authorities. For example, data may be transferred to the Ministry of Education in Ontario, the EDB, OCT, Hong Kong Immigration Department, the Revenue Department, Schools insurers and bankers, medical practices providing medical coverage for employees, administrators or managers of our provident fund scheme, and other agencies providing a professional service to the School and staff.

It is our policy to retain certain personal data of employees when they cease to be employed by DSC.  Such data is required for fulfilling future data access requests from previous staff.

Under the Personal Data (Privacy) Ordinance, you have a right to request access to, and to   request correction of, your personal data in relation to your employment. If you wish to exercise these

 

Personal Data Privacy Policy– General Policy and Guidelines

To comply with the notification requirements of the PD(P)O, the School has prepared a Personal Information Collection Statement ("PICS") pertaining to employment. The PICS is placed in the Policy Manual and available at the School Office. Upon request, the School sends the policy to the staff member in question. Furthermore, all staff members are invited to speak with or address their concerns directly with the Deputy Principal (ITS).

 

Current Employee: Guidelines

  • Once appointment, the School will collect additional personal data from an employee and his/her family members for the purpose of employment, or to fulfill other lawful requirements.

  • Before personal data is collected from an employee, the School will provide the employee with a Personal Information Collection Statement ("PICS") pertaining to employment.  

  • Information compiled about an employee in the process of disciplinary proceedings, performance appraisal or promotion planning will only be used for purposes directly related to the process concerned. The information will not be disclosed to a third party unless such party has legitimate reasons for gaining access. Some of this data will be maintained after the staff member leaves the school.

  • The School will not disclose employment-related data to a third party without first obtaining the employee’s consent unless the disclosure is for purposes directly related to the employment, or such disclosure is required by law or by statutory authorities.

  • The School will ensure that only authorized staff members have access to the personal data of staff members and that access to the HR Folder is limited and tracked.

  • When employment-related data is transferred or disclosed to a third party, the School will avoid disclosure of data in excess of what is necessary.

  • The School will not provide a reference concerning a current employee to a third party without first obtaining the employee's consent for this unless the employer is satisfied that the third party requesting the reference has obtained the prior consent of the employee concerned.

  • Staff files will be updated annually and maintained for a period of 1 to 7 years after a staff member leaves the service of the School with the exception of the “Employment Record”. The Staff Employment Record and Employment Letter are permanently maintained as part of the School’s personnel files.   This is done to facilitate future employment related references required by staff member.

  • Hardcopy documents are maintained in the School’s HR Room, the School’s Accounts Office in Kowloon, and the Department of the Secretariat. All files are maintained in accordance to this policy. Security and compliance to this policy in regards to off-site files is ensured by the respective heads of the department.  Questions and concerns about these off-site files, or to request access, should be made to the Deputy Principal (ITS).

  • Software data is maintained in the School’s document management system (VitalScan) and follow the same retention period.

Former Employee: Guidelines

  • Personal data of a former employee may be retained by the School for a period of up to 7 years from the date the former employee ceases employment.  The School may retain the data for a longer period if the data is necessary for the employer to fulfill contractual or legal obligations.

  • Updating, processing and destruction of data contained within a staff file will be done annually during the course of employment and then in accordance to the School’s Data Retention Policy after a staff leaves the employment of the School.

  • The Deputy Principal (ITS), or his designate, will take all practicable steps, at the earliest opportunity upon the departure of an employee, to ensure that only relevant information of the former employee is retained in accordance with the School’s retention policy.

  • The School will not provide a reference concerning a former employee to a third party without first obtaining the employee's consent for this unless the employer is satisfied that the third party requesting the reference has obtained the prior consent of the employee concerned.

  • Hardcopy documents are maintained in the School’s HR Room, the School’s Accounts Office in Kowloon, and the Department of the Secretariat. All files are maintained in accordance to this policy. Security and compliance to this policy in regards to off-site files is ensured by the respective heads of the department.  Questions and concerns about these off-site files, or to request access, should be made to the Deputy Principal (ITS).

  • Software data is maintained in the School’s document management system (VitalScan) and follow the same retention period.

  • Maplewood files are deleted when a teaching staff’s employment ends. Data is maintained in backups of the Maplewood system which are maintained for 55 years in accordance with Ontario reporting regulations.

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Personal Data Privacy Policy – Retention and Destruction

Retention, Storage and Destruction of Staff Data and Files

Delia School of Canada takes all reasonable steps necessary to ensure that all staff files (hardcopy and softcopy) are secure, correct, maintained only as long as required, used only for the original purposes collected, and destroyed in accordance with the Hong Kong Data Protection policies. All data, hardcopy and softcopy, are securely destroyed when no longer required. Only authorized staff have access to the folders.

Factual data and evaluation data in regards to staff employment will be collected and maintained while a staff member is employ by the School and for a designated period of time after the staff member leaves the employment of the School. The retention period is 1 to 7 years after the staff member leaves the employment of the School. The employment record, created by staff members, is the only document maintained for longer than 7 years. It will be used to facilities data request by past employees.

  • Specific documentation relating to claims for employee’s compensation will be maintained for no longer than 7 years after the staff has left the service or 1 year after resolution of any claim/appeal/ complaint, whichever is the later.
  • A staff member’s Employment Record will be maintained indefinitely. The record will include the teacher’s name, date of birth, HK ID number, years of employment, teaching responsibilities, and items like co-curricular and teams. Main purpose is to assist with future employment references/requests made on behalf of the teacher.

Chart of Types of Data We Hold and Retention Period

The list of employment-related employment related personal data below is by no means exhaustive. In addition, the indicated retention period does not mean all data in that category will be maintained for that period of time. Some data may be removed/destroyed or changed as a natural result of updating and maintain staff HR files. The chart below contains examples of the data we may hold and suggested retention period. The types of data we collect and hold may change from time to time. When new items/data is collected, staff will be notified of the retention period. Question in regards to the types of data in your personnel file can be addressed with the Deputy Principal (ITS) or the Administrative Assistant (ITS).  

 

Type of Record/Data

Retention Period

Pre-Employment and other Temporary Documentation

     Application Form

-Maintained for 1 year, replaced with “Employment Record” and “Personal Information Form”

-Maintained for 6 months for unsuccessful applicants

     CV and application material

-Maintained for 1 year after staff member leaves the school, updated by staff when appropriate

-Maintained for 6 months for unsuccessful applicants

     Reference letters from previous employers

-maintained until hiring process completed then destroyed

     Immigration Application Package

Maintained until staff member has work visa and HKID, replaced with HKID number and Visa Number

     Teacher Registration Application Package

Maintained until staff member has HKCAA “Report of Qualifications Assessment” and Teacher Registration Certificate

     Check list of documentation requested by new

     teachers

Maintained until staff has HKID, VISA, Teacher Registration

Employment Documentation / Factual Data / School Forms

     Personal Information Form

1 year after the staff member leaves the service of the School

     Employment Contracts

     Summer School Contracts (all)

     OCT Registration / Teacher Registration (Other

     jurisdictions)

     Application for PD Funding

     Application for Purchase Reimbursement

     Permit to employ an unregistered teacher

     Teacher Registration/ Report of Qualifications

     Assessment

     Educational Transcripts, Diplomas, Certificates

     Declaration of Conflict of Interest

     Letter in regards to Outside Employment

     Reply Slip for School Medical Programs and all

     Medical Program documentation

     MPF Reply Slips and Documentation

     SCRC Letter with Unique Checking Code by HKPFIB

     Unpaid leave record, adjustment to salary record

     Signed Job Duty List (Amahs)

     Security Personnel Permit

1 year after the staff member leaves the service of the School

     Certification for basic security guard training

     program

 

     Acceptable Use Agreement

1 year after the staff member leaves the service of the school, updated annually

     Laptop Loan Agreement

    Leave Application Form, Sick Leave, PD Leave, etc

   (Medical Slip – not maintained in HR folder)

1 year, destroyed in July/August after updating Cumulative  leave form

     Cumulative Sick Leave/Absences

7 years [updated annually by Administrative Assistant - ITS

     School Employment Record / Employment Letter

7 years, [updated by staff member annual during employment period]

Evaluation Data / Letters of Reference / Communications / Letters of Warning / Disciplinary Action

     Teacher Evaluation Report, Reviews, Summative

     Reports of Teacher Observations, etc

7 years after the staff member leaves the service of the School

     Professional Growth Plans

1 year (most recent copy) [updated annually]

     School created Accident Reports

1 year after the staff member leaves the service of the School, 7 years for accidents resulting in workers compensation claims

     Letters of Reference, Promotion, Recognition

7 years after the staff member leaves the employment of the school

 

 

     Letters of Warning, Letters of Dismissal and other

     letter of a  disciplinary nature

     Communication in regards to Labour Department

     claims

   

Financial Records created in course of employment

-MPF contributions, records of salary, records of reimbursement, etc, records of salary increments and promotion

7 years after the staff member leaves the employment of the school

     

Notes:

1.      List is updated as required.

2.      Data Retention Chart is provided for reference only.

3.      In certain cases data may be maintained longer than 1 year. These cases include, but are not limited to, worker compensation claims, labour disputes and cases involves dismissal. In these cases, the file may be maintained for a maximum of 7 years.

4.      The School does not maintain copies of forms / letters created on behave of staff for outside organizations.

5.      Record are maintained in softcopy and hardcopy for ease of access and in accordance to School’s disaster management plan.

 

Access to Own Personnel File and Correction of Data

All requests for access to data or correction of data held by the School must be made in writing and submitted with a completed “Data Access Request Form” to the Deputy Principal (ITS). The Deputy Principal (ITS) will coordinate with the other departments in order to full-fill the data access request. Upon submission of a Data Access Request Form, a staff member will be given a copy of the requested data. If an employee object to the accuracy, relevance, or completeness of information appearing in his or her personnel file he or she may submit a request for correction of personal data to the Principal. Furthermore, each year staff members are entitled to add a supplementary statement of up to 200 words to their staff file.

 

Rights of the Data Subject

All Delia employees, pupils and their guardians, and job applicants have a right to:

  • ascertain whether the School holds personal data of which he/she is the data subject;
  • obtain a copy of the personal data relating to him/her held by the School;
  • require the data user (School) to correct any data relating to him/her which is inaccurate;
  • obtain the School’s data protection policies and practices in relation to data
  • be informed of the kind of personal data held by the School;
  • be asked for consent before his/her personal data is used for a purpose other than the purposes for which it was collected or directly related purposes; and
  • be asked for consent before the information is transferred to a third party.

Requests for Access to or Correction of Personal Data

The Deputy Principal (ITS) is responsible for monitoring and supervising compliance with the Ordinance in regards to files maintained at Delia School of Canada. The files contained in the within the Delia Group of Schools (Taikoo Shing).

The following items maintained by the individuals, or their designate, to ensure compliance with the Ordinance:

  • a Data Protection Log Book, as provided for in Section 27 of the Ordinance;
  • a copy of the School’s Personal Data (Privacy) Policy;
  • a copy of the School’s IT Policies;
  • a copy of the OSR Guide for Ontario;
  • a copy of the Nova Scotia data management policies
  • Data Access Request Form for subject access/correction requests of personal data held by the   School.

Operational Procedures (Data Access)

A data subject must submit a completed ‘Data Access Request Form’ to the Deputy Principal (ITS). The request will be dated and handled within 40 days of receiving the request.

The School will reject any data access/correction request if:

  • the data subject cannot provide sufficient information to locate the data being requested;
  • the data sought comprise personal data of another individual, unless the other individual has consented to the disclosure of the data;
  •  the data access request is not made in a form which has been specified by the Privacy Commissioner for Personal Data under Section 67 of the Ordinance if such a form has been given to the data subject;
  • the request involves data relating to staff planning;
  • the request involves a personal reference or data generated by certain evaluative processes (including a recruitment/promotion/transfer/removal exercise) prior to a decision being made; and/or (Relevant Process Exception)
  • the request follows two or more requests that are similar made by the data subject or an authorized person on his/her behalf.

If a data/access correction request is to be rejected, the person responsible for the data will give reasons in writing to the person making the request within 40 days of receiving the written request. The ordinance provides 11 situations where personal data are exempt from the data protection principles and other provisions of the Ordinance.

 Administrative Charge - Fees

The School will levy an administration charge for the processing of any data access requested. There will be a charge for fulfilling the data access request, which will not be excessive.  The charge will be no greater than the costs (including administrative and other costs) involved in satisfying the data request.  The charge will be calculated in accordance with the following unit costs:

  • For every photocopied page or page printed on a computer printer           HK$5.00/page
  • For every computer file copied to CD-ROM                                                HK$2.00/file
  • For every CD ROM                                                                                      HK$5.00/disk

Notes:

The copy of personal data to be supplied must be such personal data as held at the time when the request is made. There is no requirement to stop normal data processing activities (including amending, augmenting, deleting or rearranging) because a data request has been received. A copy of the data to be supplied should be intelligible. If the personal data contains any codes or abbreviations, these should be explained in a manner that is comprehensible to the requestor.

 

Operational Procedures (Data Correction)

After receiving a copy of data, or at any time, the data subject (staff member) is entitled to ask for correction of the personal data concerned if he/she considers that the data is inaccurate. This is done by means of a data correction request to the School.  This includes all data maintained by the school, including evaluation data and professional in class observations.

If the individual responsible for the management of the specific HR file (DSC, Accounts, Office of the Secretariat) is satisfied that the personal data, which are subject to a data correction request, are inaccurate, the individual shall make the necessary corrections and supply the data subject with a copy of the corrected personal data within 40 days of receipt of the request.

If the School is unable to comply with the data correction request in whole or in part within the 40-day reply period, the individual responsible for the management of the specific HR file (DSC, Accounts, Office of the Secretariat)  must inform the requestor in writing that it is unable to do so and give the reasons.

The individual responsible for the management of the specific HR file (DSC, Accounts, Office of the Secretariat) will fully comply with the request as soon as reasonably practicable after the expiry of the 40-day reply period.

 Non-Compliance with a Data Correction Request

The School shall refuse to comply with a data correction request if –

  • the request is not in writing;
  • the School is not satisfied that the personal data is inaccurate;
  • the School is not provided with sufficient information to ascertain that the personal data is inaccurate;
  • the School is not satisfied that the correction provided in the request is accurate; and
  • any other data user controls the processing of the personal data concerned in such a way that prohibits the School from complying with the request.

If the School does not comply with a data correction request for any reason it will inform the data subject concerned by notice in writing with reasons for the refusal within 40 days of receipt of the request.

Note

If a data correction request involves the correction of personal data which is an expression of opinion or an unverifiable fact and the School is not satisfied that the opinion or unverifiable fact in inaccurate, the correction request will be refused. In such a circumstance, the School will make a note of the requestor’s proposed “correction”.  This would include cases involving reports, disciplinary actions and documentation generated as part the staff evaluation procedures.