A written analysis (3410ICT 2000 words; 7101ICT 2500 words) of complex ethical problems similar to those which you might encounter in the IT industry.

Professional Issues Assignment Introduction

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Contents

1. Introduction 2

2. Analysis 3

2.1. Legal factors ............................................................................. 3

2.2. Professional factors .................................................................. 4

2.3. Employment and Social factors ................................................. 5

2.4. Personal factors ........................................................................ 6

2.5. Intrinsic factors .......................................................................... 7

2.6. Prioritisation .............................................................................. 8

2.7. Decision .................................................................................... 9

3. Discussion 10

4. Conclusion 10

5. References 11

Professional Issues Assignment Introduction

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1. Introduction

The following report will review the case study involving Bridget, Jamie, Roger, Jason, and Elizabeth’s decisions and actions using the Ethical Decision Model (EDM). These individuals are shown to have their own extrinsic and intrinsic motivations which shape their behaviour. From the case, it is shown how these, plus other factors, can influence an individual’s actions and this will form the basis of this analysis. A decision regarding ethical behaviours in the case will be determined using the EDM proposed by David Tuffley (2016).

There are several narratives that take place which commence with Bridget’s start to life, how this shaped her past, her career and eventual role as a manager in a government department. From here, Bridget’s integrity is reviewed which is shown against behaviours seen from Roger, Jason and Elizabeth. Jamie’s role is used to highlight certain aspects of Bridget’s past, as well as ethical considerations relating to hiring and firing of staff within organisations. The Buddhist concept of Right Speech is brought to light through Jamie’s actions and the impacts associated with gossip.

Roger’s interactions with Bridget highlight her professional attitude when dealing with vendors. Conversely, this shows what could be considered an unprofessional approach adopted by Roger. By rising above Roger’s advances, Bridget successfully completes the acquisition project for the enterprise resource planning (ERP) system. This results in her taking on the management role with an integration project. From her role within this project, Bridget has supervision over junior staff and Jason (a subordinate to Bridget) identifies a potential security issue. Many issues come into play from this aspect of the case which relate to Kantian ethics and the Australian Computer Society’s (ACS) Code of Professional Conduct.

Finally, the ethical issues relating to Bridget’s handling of Jason’s concerns extend further to Elizabeth, Bridget’s boss. Elizabeth decides to act on Bridget’s advice, effectively treating Jason’s concerns as a non-event. This inaction ultimately results in whistleblowing by Jason; a questionable practice. Elizabeth’s integrity and honesty is additionally explored in her handling of project billings.

Professional Issues Assignment Analysis

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2. Analysis

2.1. Legal factors

Factor 1 – Disclosing Personal Information

By disclosing Bridget’s criminal past, Jamie was sharing confidential information. The sharing of confidential information such as this could be considered in breach of the Australian Privacy Principal 6 (APP6). This principal relates to requiring an individual’s consent in releasing confidential information about them (Privacy Act 1988). Through gossiping about Bridget’s past, Jamie was bringing to light information that was deemed confidential in a legal sense.

Factor 2 – Acquiring Personal Details

Roger’s obtaining of Bridget’s phone number without her knowledge raises some privacy concerns. While the case does not explicitly state if Bridget’s phone number was publicly available, it can be assumed that it was not since Bridget does not know how he got her number.

Again, depending on how Roger acquired Bridget’s phone number, privacy concerns could come into play. If this was the case, Bridget could have grounds to take legal action if a breach of privacy can be determined. The seriousness of which could be attributed to if Roger used his position as a major ERP supplier to government to gain this information.

Factor 3 – Termination of Employment Contract

The organisation Bridget worked for choosing to ask her to leave based on her failure to disclose her criminal history. Based on her role, Bridget was not strictly required to disclose her criminal history. As such, her forced resignation does bring into question the legalities of her employer’s actions.

While Bridget’s location is not disclosed, which may determine the recourse she can undertake, her dismissal could be considered workplace discrimination. This means that she may have grounds to take the case to the Australian Human rights Commission or raise a complaint with Fair Work Australia (Queensland Government, 2017).

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2.2. Professional factors

Factor 4 – Data Security

Jason choosing to highlight the vulnerability in the other department’s database shows his primacy of public interest. This forms part of his professional conduct as outlined in the Australian Computer Society’s (ACS) Code of Professional Conduct (Australian Computer Society, 2014). The security breach identified has the potential to be exploited and given that this is a government department, chances are individuals’ information would be housed on the system. Jason was endeavouring to preserve the confidentiality and privacy of the information of others (Australian Computer Society, 2014).

Factor 5 – No Escalation of a Serious Issue

Conversely, by choosing to not escalate Jason’s concerns, Bridget was showing that she was not acting in the primacy of public interest. Bridget was wanting to pass the buck and not accept responsibility for resolving the issue Jason raised. In instances such as this, escalation of issues is encouraged as per guidelines found on the Australian Public Service Commission website (Australian Government, 2008).

Factor 6 – Deceiving Customers

Elizabeth was knowingly deceiving customers by approving project billings that included maintenance as part of development work. This act shows a distinct lack of honesty by Elizabeth and breaches ACS’s Code of Professional Conduct (Australian Computer Society, 2014).

Factor 7 – Whistle Blowing

Due to the issue relating to database security not being resolved, Jason elected to blow the whistle and go to the press. From the journalist’s own admission, this issue was not deemed major but could make the press on a slow news day. Jason should have chosen to deal with this matter in a way that did not result in whistle blowing, utilising the services offered by the ACS and working with Bridget and Elizabeth to resolve the issue internally.

Factor 8 – Attitude with Vendor

Bridget’s approach when dealing with Roger was courteous and professional, despite her feeling that Roger was wanting more than a business opportunity. This shows how Bridget could maintain a standard of professionalism congruent with ACS requirements.

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2.3. Employment and Social factors

Factor 9 – Disclosure of Criminal History

Bridget choosing not to disclose her criminal history is an attempt to ensure employment was gained. Unfortunately, this ultimately led to her dismissal but she was within her rights to not disclose. This is due to there being no universal duty on an employee to volunteer anything about their prior criminal record unless there is a clear legal requirement to do so (Australian Human Rights Commission, n.d.).

Factor 10 – Roger’s Interest in Bridget

Roger asking Bridget to go on a romantic weekend getaway posed a potential conflict of interest. Fortunately, Bridget exercised her correct judgement in turning down this offer since such actions pose potential employment issues. Namely, potential disciplinary issues if the relationship led to favourable treatment from Bridget towards Roger.

Factor 11 – Escalating Issues in Workplace

After not achieving the desired result from escalating the issue with Bridget, Jason elects to take up the issue with Bridget’s superior – Elizabeth. This shows Jason wanted to do what was expected of him within his workplace environment by following proper channels when trying to resolve an issue.

Factor 12 – Bundling Maintenance Costs with Development

Elizabeth choosing to allow maintenance costs to be bundled with development. This approach is somewhat accepted since clients generally do not know it occurs. It is a somewhat unwritten rule within information technology projects to utilise project funds to perform maintenance work.

Factor 13 – Saving Money Through Shared Databases

Often, projects will utilise existing resources within the organisation to deliver on time and on budget. By sharing databases, Bridget could save money across the organisation. This is despite the potential security implications that eventually came to light.

Factor 14 – Work Experience

Bridget’s good quality work was recognised by her senior manager when she was persuaded to resign. Her work ethic and approach to her employment led to a favourable outcome in a tense situation. By having quality work behind her, Bridget could acquire a new job which no doubt, was assisted by having a good reference.

Professional Issues Assignment Analysis

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Factor 15 – Decision to Resign

Faced with a difficult decision regarding terminating her employment, Bridget’s choice to resign over being fired. This choice is a way to ‘save face’ by not being fired and to enhance future career prospects.

2.4. Personal factors

Factor 16 – Glossing Over Trust

Bridget alluding to having highlighted the issue raised by Jason regarding the database, when in fact Bridget had not taken this further. This action shows Bridget using her position to control the flow of information within her organisation.

Factor 17 – Deflecting Responsibility

When pressed to raise the issue regarding the database, Bridget chooses to again use her power internally to deflect responsibility. By claiming that any action would create a liability for their department, Bridget was acting in her own self-interests. This could extend from her upbringing and determining that she should put herself first, since no one else will.

Factor 18 – Getting Ahead

To get ahead in her employment prospects, Bridget chose to withhold information regarding her criminal history. As a guilty conviction, it would have been in Bridget’s long-term best interest to disclose this information. This would have avoided her non-disclosure forcing her resignation.

Factor 19 – Upbringing

Rough upbringing from death of mother/alcoholic father led to Bridget developing resilience. This would have been further built upon from her time spent in various foster homes.

Factor 20 – Criminal History

Bridget being charged as a youth for crimes committed. Her lack of incarceration shows that these were non-serious crimes. It also shows she was not a reoffender and that she grew out of crime (Indig, Frewen, & Moore, 2014).

Factor 21 – Increase in Responsibility

Bridget’s role at management level brings with it an increase in responsibility. This can be attributed to her experience and aptitude with information technology.

Professional Issues Assignment Analysis

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2.5. Intrinsic factors

Factor 22 – Resilient Personality

Throughout her upbringing, schooling, and employment; Bridget refused to be the victim. She chose to not be the victim showing high levels of resilience, a stoic trait.

Factor 23 – Finding a New Job

Despite a history of negative experiences, including having to resign from her job, Bridget’s stoic nature led her to seek employment as soon as possible.

Factor 24 – Completing IT Degree

Bridget shows her aptitude for learning and an application of technical knowledge by completing her IT degree with honours.

Factor 25 – Management Role

The combination of Bridget’s resilient nature and her technical aptitude meant that she could climb the ranks to a management position. Her stoic approach means Bridget can effectively manage herself, which in turn meant she could effectively manage others (Bowder, 2012).

Factor 26 – Exposing Questionable Practices

As someone who is morally minded, Jason wanted to ensure he was doing everything within his power to see the matter with the databases resolved. Once all avenues internally have been exhausted, Jason chooses to whistle-blow regarding the situation. This shows a subjective relativism approach to Jason’s decision make, since he felt this was the best course of action.

Professional Issues Assignment Analysis

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2.6. Prioritisation

Factor Related Issue

1 Disclosing Personal Information Jamie sharing Bridget’s Criminal History

2 Acquiring Personal Details Roger obtaining Bridget’s phone number

3 Termination of Employment Contract

Bridget being asked to leave due to past criminal history

4 Data Security Acting in public’s best interest regarding database issue

5 No Escalation of Serious Issue Bridget failing to escalate Jason’s concerns regarding database

6 Deceiving Customers Elizabeth knowingly deceiving clients with project billings

7 Whistle Blowing Jason choosing to blow the whistle regarding database issue

8 Attitude with Vendor Bridget’s approach to dealing with Roger

9 Disclosure of Criminal History Bridget electing not to disclose criminal past

10 Roger’s Interest in Bridget Roger asking Bridget to go on romantic getaway

11 Escalating Issues in the Workplace

Jason escalating issue to Bridget’s superior, Elizabeth

12 Bundling Maintenance Costs with Development Work

Elizabeth allowing maintenance costs to be charged with projects

13 Saving Money Through Shared Databases

Utilising existing resources to save costs in projects

14 Work Experience Bridget’s good quality work

15 Decision to Resign Bridget choosing to resign over being fired

16 Glossing Over Trust Bridget alluding to highlighting issue raised by Jason

17 Deflecting Responsibility Bridget choosing to deflect responsibility for database issue

18 Getting Ahead Bridget choosing to withhold information to gain job

19 Upbringing Rough upbringing leading to

Professional Issues Assignment Analysis

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Bridget’s resilient character

20 Criminal History Bridget being charged as a youth

21 Increase in Responsibility As a manager, Bridget has an increase in responsibility

22 Resilient Personality Bridget refusing to be the victim, no matter what

23 Finding a New Job Bridget pressing on to find employment as soon as possible

24 Completing IT Degree Bridget’s aptitude for learning and technical knowledge

25 Management Role Combination of resilient nature and technical skills leading to promotion

26 Exposing Questionable Practices Jason acting in a way he deemed to be moral and just

Table 1: Priority List

2.7. Decision

Given the many ethical facets considered within the case, the EDM can be used to show how actors should have made their decisions. Ultimately, the key factor is Jamie choosing to disclose confidential information about Bridget’s past criminal activities. Not only is gossiping in the workplace unethical, the nature of this gossip could be considered illegal given the confidential nature of youth offences. This set off a chain of events that led Bridget down another career path due to her forced resignation.

The act of asking someone to resign due to their past criminal activity, within the scope of this case, can also be viewed as an unethical practice and potentially illegal. As highlighted within the factors listed above, there are a variety of issues identified against each activity or event. Had the actors within the case chosen to view their choices and behaviour in line with the EDM, they may have been better suited to act more ethically and a lot of these factors would not have occurred.

Professional Issues Assignment Discussion

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3. Discussion

This case shows that there were key factors that shaped the overall actions and outcomes in the scenarios. As per the EDM, the most important factors begin with the legal issues. Jamie’s gossiping of Bridget’s criminal past set off a chain of events, leading her into new employment. This highlights the legal issues around privacy which is further explored in Roger’s obtaining of Bridget’s personal contact details.

The issues of privacy, while not explicit, are further explored in the database security issue highlighted by Jason. In the context of the case, these were not shown to be breaking any laws (yet); hence their lower prioritisation in the EDM, but the potential is there for this to become a larger problem.

Other factors relate to honesty and acting in the best interests of others. While these are also important issues, they are not enforceable in a legal sense and thus rate lower.

4. Conclusion

In the case, each actor is shown to have their own moral compass. It is evident that they have all chosen to make decisions and each of these have their own rationale. The case shows that most of these decisions are questionable in an ethical sense, and could even be illegal if some were to be pursued further. A lot of these decisions show an amoral approach; that is, the actors weren’t intentionally seeking to do wrong but their decisions either purposefully left out ethical factors, or unintentionally omitted ethical considerations.

A key takeaway from the case is that each actor should review and adhere to the ACS Code of Professional Conduct. By doing so, most of the issues shown in the case could have been avoided completely.

Professional Issues Assignment References

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5. References

Australian Computer Society. (2014, April). ACS Code of Professional Conduct v2.1. Retrieved from Australian Computer Society: https://www.acs.org.au/content/dam/acs/acs-documents/ACS%20Code-of- Professional-Conduct_v2.1.pdf

Australian Government. (2008, June 03). Leading productive people: A manager's seven steps to success. Retrieved from Australian Public Service Commission: http://www.apsc.gov.au/publications-and- media/archive/publications-archive/productive-people

Australian Human Rights Commission. (n.d.). Human Rights: On the Record: Recruitment (Chapter 5). Retrieved from Autralian Human Rights Commission: https://www.humanrights.gov.au/publications/human-rights- record-recruitment-chapter-5

Bowder, H. (2012). The Ethics of Management: a Stoic Perspective. Philosophy of Management, 11(2), 29-48.

Indig, D., Frewen, A., & Moore, E. (2014). Predictors and correlates of re- incarceration among Australian young people in custody. Australian & New Zealand Journal of Criminology, 49(1), 73-89.

Privacy Act 1988. (1988). Retrieved April 16, 2018, from https://www.legislation.gov.au/Details/C2018C00034

Queensland Government. (2017, September 28). Criminal records. Retrieved from Queensland Government Web Site: https://www.qld.gov.au/law/crime-and- police/criminal-records-and-history-checks/criminal-records

Tuffley, D. (2016). The Ethical Technologist (3rd ed ed.). Altiora Publications.