Information Privacy and ethics
Facts
- Manning technologies is an organization that implements innovation and creativity in developing new technology.
- The company structure is divisional, and individuals are assigned specific division.
- There are different categories of personnel
- The “creative” personnel works on a particular project in 20% of their time.
- A project is only reviewed upon completion where it is forwarded to the board if approved so that the appropriate division is assigned resources to continue developing.
- Leslie High, a Creative assigned to the Aviation Division.
- He works on a unique approach to monitoring cell phone communication.
- Leslie High used PartyLine to captures all of the data passing through cell phone towers in its range. The system turns the data into conversations, two-way communications between individuals. These conversations can be searched for key words or phrases.
- The board unanimously approved party line for development in the intelligence division
- Bob smith, the director of human resource, suspects that some employees are involved in drug dealing and therefore approaches the Mary Jones
- Smith was impressed by the party line capabilities
- Smith want to use PartyLine to aid our investigation, but jones is not sure whether she should give out the system.
Assumptions
The local law enforcement is not involved.
Which of these facts raises an ethical issue? Why? What is the potential or resulting harm?
Fact (number) Potential or resulting harm
- 4. The working conditions are not clearly defined. Some workers may be overworked and others under working.
- 5. The state of an ongoing project cannot be defined. Can lead to waste of resource and can also demoralize the personnel involved when a project is not approved.
- 10. Employees are suspected to engage in drug trafficking. Cal lead to employees being subjected to unnecessary investigation
- 12. Whether Jones should give out the system. In case the system is not used, drug trafficking culprits may not be got.
List the stakeholders involved
- All Manning technology employees
- The other Personnel in the creative division
- Leslie high
- NSA employees
- Board members
- Suspected drug dealers
- Drug dealers, customers and users
- Bob smith
- Mary Jones
- Intelligence division
- security personnel
- society as a whole
- Manning technology as a corporate
Step II. Isolating the major ethical dilemma
What is the ethical dilemma to be resolved NOW?
Should Jones give the party line system to bob smith so that she can monitor telephone activities in an attempt to discover suspected drug dealers?
Step III. Analyzing the ethicality of both alternatives in Step II
Consequentialism
- If action in Step II is done, who, if anyone, will be harmed?
Innocent telephone users' privacy is violated; drug dealers may get caught
- If action in Step II is not done, who, if anyone, will be harmed?
The newly recruited on drugs and current addicts continue to get supplied; Manning technologies may suffer through low productivity, possible accidents and bad reputation, resulting in negative effects for employees, stockholders, customers.
- Which alternative results in the least harm, A or B?
A
- If action in Step II is done, who, if anyone, will benefit?
Every employee who would otherwise be recruited, society at large and Manning technologies
- If action in Step II is not done, who, if anyone, will benefit?
Current drug users, innocent telephone users and Drug dealers will continue using drugs
- Which alternative results in the maximum benefit, D or E?
D
Rights and Duties
- Employees have the right to know they are monitored. Manning technologies has a duty to tell them.
- Manning technologies has a right to protect its assets and reputation. Employees have a duty not to inhibit productivity/quality by drug use.
- Leslie High, as an employee, has a duty to serve Manning technologies, Manning technologies management has a duty not to ask Art to do something that may violate his principles.
- Manning technologies has a duty to protect its employees. Employees have the right to a safe (drug-free) workplace.
- Mary Jones has a duty to explain the monitoring function of partly to her users. It is a matter of professional ethics and integrity from the professional link with users. Being a senior in the profession, it is her responsibility to equip her juniors with the required knowledge and skills.
Kant's Categorical Imperative
- If action in Step II is done, who, if anyone, will be treated with disrespect?
Telephone system users
- If action in Step II is not done, who, if anyone, will be treated with disrespect?
No one
- Which alternative is preferable, H or I??
I
- If action in Step II is done, who, if anyone, will be treated, unlike others?
No one
- If action in Step II is not done, who, if anyone will be treated, unlike others?
No one
- Which alternative is preferable, K or L?
Neither
- Are there benefits if everyone did action in Step II?
No. everyone's privacy would be violated
- Are there benefits if nobody did action in Step II?
Yes, privacy protected.
- Which alternative is preferable, N or O?
O
Step IV. Making a decision and planning the Implementation
A. Make a defensible ethical decision
Mary Jones should only give party line to Smith with detailed information regarding privacy and installation procedures. G1, H, O. the telephone user’s privacy right is far much critical than apprehending drug traffickers. Moreover, the probability of this system delivering a positive result is almost zero.
B. the specific steps needed to implement your defensible ethical decision.
- Mary Jones should meet with Bob Smith and deliberate on the significance of individual’s privacy rights and the potential adversities to productivity, employee’s morale and company’s reputation. They should also come up with an effective, ethical response plan.
- Publication of a policy that explains in detail how party line system works should be produced and given to every user.
- The system should only be installed if all the employees agree with it.
- The local law enforcement should be engaged to investigate and arrest the drug dealers.
- The company should be in a position to defend any the ethical decision in case a drug trafficking scandal befalls the company.
C. Show how the major stakeholders are affected by these actions.
Mary and smith will have accomplished their duties to the company, the users and every other individual.
- The privacy of the telephone line users is respected.
- Any technical employer can use party line with minimal difficulties
- Such dilemma will have been avoided by the developers and the users.
- Increased privacy protection will benefit the entire society.
- The drug traffickers and users would be arrested without causing any discomfort in the company.
- The company would have ensured its employee’s privacy right protection.
D. What other longer-term changes (political, legal, technical, societal, organizational) would help prevent such problems in the future?
Embrace ethical corporate culture at Manning Technologies so that employees realize the sensitivity in situations that requires ethics.
Formulate a code of ethic, advocate for adherence and find a way of rewarding the employees who observe it. This can build the reputation of the company in the corporate world.
The management should put in place various mechanism that will ensure that the ethical and unethical situations are known by the employees.
E. What should have been done or not done in the first place (at the pivot point) to avoid this dilemma?
1. The company needed an a well-defined policy decision to carry out mary jones initial surveillance project
2. A detailed study of party line system was supposed to be carried out before it was implemented.
Reference
Nissenbaum, H. (1998). Protecting privacy in an information age: The problem of privacy in public. Law and Philosophy, 17(5), 559-596.
