Evaluation of the President - why we cannot let you know the results
GAGGED!
We are sorry that we cannot release the results of the evaluation of the President as we planned. Last night I received the following email from Mr Gabriel Chan, Director of Administration. Until the Staff Association Executive Committee have received legal advice we are gagged from letting you know the results.
Dr John Tse
Chair, CityU Staff Association
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Dear John,
I am writing to set out the concern of the University that any data collected as a result of the recent Evaluation of the University President be used in accordance with statutory requirements. As you will be aware, the collection and use of personal data is strictly regulated by the Personal Data (Privacy) Ordinance (“PDPO”). Such legislation requires that personal data only be used for the purpose for which it is collected (Data Protection Principle 3).
Every evaluation form comprises personal data. The Executive Committee has committed to keeping all data derived from the Evaluation confidential.
The purpose for which each evaluation form was collected is for the Executive Committee of the Staff Association to perform an evaluation of the performance of the President. We are advised that this does not include (and cannot be construed as including) the publication of any material resulting from the Evaluation. We are further advised that any publication by the Staff Association (or by any person on behalf of the Staff Association) of the results of the Evaluation will be a breach of the PDPO which could result in claims against the Association and its members.
We would strongly recommend that you take your own legal advice on this issue. In addition, should the Staff Association decide to publish any results regardless of the concern expressed above and should it intend to use any facility provided by the University for the purposes of such publication then I would be grateful if you could inform me sufficiently in advance in order that the University can ascertain its own potential liability for assisting in any such publication.
Should you have any questions then please do not hesitate to contact me.
Regards,
Gabriel Chan
Chief Administration Officer
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