16 Aug 2022

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Privacy Law: How It Works in the Real World

Format: MLA

Academic level: College

Paper type: Case Study

Words: 2183

Pages: 8

Downloads: 0

Section 1: Description 

The selected current events topic concerns privacy law versus reality with the focus being on work ethics which in the provided case study is being violated from two angles. In a work environment defined by the use of computers, authentication information of employees is a critical factor that must be considered. In the case study, Tony uses his coworker's, Robert, authentication information with the aim of retrieving critical data files that are relevant to his analysis work. However, he stumbles upon Robert’s betting information which is against the policies of their organization. This is a double-faced scenario that borders both data privacy and works ethics. According to Richards and Hartzog (434), privacy is the legal aspect of governing the use of personal information while also protecting that information from abuse by other persons. In an organization, individual employees have their login credential to the available information systems. Such authentication and authorization details for a given person should not be used by another regardless of the motive unless permission is granted. 

Privacy policies in a business establishment should ostensibly encourage, enforce and strengthen the working relationships among employees. Theoretically, the previous statement would ensure that the underlying mandate of privacy rules is achieved; however, this is not always the case. Mainly, all information systems including the users should work towards the implementation of identification and verification mechanisms at the application level with a goal of providing enhanced security for the information systems within an organization ( Dunkin 3). However, an employee may access authentication credentials for another worker and use them to access system rights that are out of their scope of operation. Also, they may be bearing the best interest for the organization, but the mere act of contravening the stipulated privacy policy aspects triggers an ethical concern case. Authentication details such as passwords, personal identification numbers, biometrics or tokens among others are employee specific, and as such, they should be respected (Dunkin 3). Failure to follow the organization’s privacy provisions can unsettle its working balance while also risking its public image’s credibility. 

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In the age of rampant technological advancements, the privacy of personal information including systems authentication details is a defining topic since the current business landscape is data-driven and as such security is a fundamental supportive pillar. Principally, in an organization, privacy and ethics are intertwined since when the former is contravened it raises ethical concerns directed at the perpetrator. According to ISACA Journal Volume 6 of 2016, privacy, trust, and security are entwined amongst themselves, and their union leads to another level of law and ethics ( Lee, Wolfgang & Henry n.p ). Ethics provides the context on which information privacy policies are established. Therefore, an employee's actions should be legally justifiable and consistent with the ethical requirements of the organization. In the provided case study, the use of Robert’s log in details by Tony amount to an ethical concern scenario which leads to another case of a higher magnitude. One cannot, therefore, ignore the role of data privacy in the two ethics cases since it elicits ethical consideration which should have defined the decision making the process of the two employees factoring the sensitivity that surrounds the gambling industry. 

Section 2: Beneficial Aspects 

The first beneficial aspect is that the topic will lay a background for debates that will hence help strengthen privacy policies for an organization. In the provided scenario, Tony who is a data analysis expert uses Robert’s login in credentials to retrieve data that is crucial to his work. Undertaking to study the subject topic will thus address privacy concerns from Tony’s action. Fundamentally, with the exponential growth in technology, organizations are often at the risks of unauthorized actions by their employees (Aşuroğlu 1). A fundamental concern for managers especially those overseeing information systems should be to ensure that employees use their authentication details as required. Principally, no two employees should use similar authentication details which requires that the business implement some technical and technological measures. However, in some instances, such measures would seem inadequate to protect informational systems and resources. Consequently, additional measures are paramount because where information systems are concerned, different factors must be considered. One of these parameters is the people factors (Aşuroğlu 1). The people factor include system administrators, employees, external users, and security experts. Governing the people factor in an information system requires measures that involve moral judgment which leads to a more broad aspect of work ethics. The topic and thus the case study is a perfect starting point to address issues concerning privacy since it will help understand Tony’s actions and the risk they might have to the organizations. 

The second advantageous feature of the topic regards establishing the foundation on which decision-making processes are defined by valuable ethical consideration. The act of disregarding the need to refraining from using Robert’s authentication details by Tony creates an ethical scenario that is directly linked to the previously discussed privacy perspective. Tony's motivations of using Robert's login credentials are debatable from, but the actual use of his coworker’s details is ethically unsound. ISACA Journal Volume 6 of 2016 states that "using technology in a manner that is not consistent with ethical principles creates ethical risk." An ethical risk results from the considerations of probable breach of the organization and individual confidentiality ( Lee et al. n.p ). Factoring that the actions by Tony were beneficial to the organization it is also plausible their consequences from the viewpoint of Robert. Thus the topic presents a chance to study the dimensions of ethical risk involved in the case study. 

The second perspective of ethics regards the knowledge in the hands of Tony that Robert engages in gambling which violates the policies of the organization. Both of the employees are involved in ethical misconduct which goes against their job requirements. According to Eby et al. (1), entrenched gambling behavior among employees may not only adversely affect homework balance, but it may also conflict with the interest of the organization. Essentially, the study ascertained that there are strain-linked gambling intrusions that affect work balance in an organization. Informed by this piece of finding, the topic is an ideal trigger for discussions that may enhance proper work conduct by employees thus preempting ethical risks scenarios such as those created by both Tony and Robert. 

The last beneficial aspect pertains streamlining privacy policies along the lines of ethical practices. Having lad the structure for the two componential elements of the case study, it will be vital to understanding where they interlink. Irrefutably, without ethical frameworks in an organization, business operations would be affected especially during the current information age. There is a clear connection between privacy and ethics in the case study that warrants an examination. For instance, dissecting the behavior by Tony can help the organization develop a code of conduct that controls how information systems and resources are handled. 

Section 3: Detrimental Aspects 

A detrimental aspect of the topic is that in reality enforcing privacy and thus ethical frameworks in an organization are challenging due to the involved conflict of interests. In the scenario, addressing the case of Tony Accessing the system through unauthorized use of Robert’s authentication details and the insights gathered by Tony about his coworkers' gambling behavior is hard to solve. This is because of the repercussion that the two employees would face; hence none would be willing to volunteer the information about the other. Here, the tag of war is between company interests and individual interest where the latter is projected to prevail. In this regard, Tony and Robert may want to protect their self from further scrutiny which triggers another perspective of conflict of interest. Necessarily, the organization may take drastic measures against the two employees such as termination or forced resignation which influence their decision to withhold vital information. A major hurdle that therefore defines this topic is employee transparency which may hinder the implementation of ethical guidelines in an organization. 

Another detrimental aspect of the subject is the projected imbalanced decision making that the management can conduct regarding the offenses or lack thereof of the two employees. For instances, in case Tony decides to divulge Robert's gambling information, the company might be harsher on the latter than on the former. Hence, the topic creates a hypothetical scenario whereby the implementation of policies may be biased. Both employees are liable for disciplinary action, but in reality, Robert misconduct appears to be more grievous than that of Tony. 

Section 4: Societal/Ethical Issues and Intended and Unintended Consequences 

A societal issue regards Robert jeopardizing the operations and balance of the organization by triggering a conflict between his gambling interests and those of the casino as a business. Here, the organization is viewed as a society while Robert is held accountable as an individual. From the case study, it is indicated that employees are not expected to participate in any form of gambling since they could be in direct competition with the interests of the company. Essentially, conflict of interests may arise from an individual's interaction with the outside world. When conflicts of interests arise, they must be recognized, disclosed and either eradicated or managed properly ( Conflict of Interest 3 ). In the case study, there might also arise a conflict of interest between Tony and organization where he might be required to explain where he got the information concerning Robert’s betting behavior. Tony might not want to disclose that he illegally used Robert's login credentials illegally thus forcing him to want to conceal both actions. Such a decision may be influenced by the need to keep his work reputation clean. Constructive ethical consideration would compel Tony to prioritize the institution’s interests before theirs. 

An intended primary consequence is whereby Tony uses Robert’s authentication information to access some data files that were crucial in his work. As mentioned above, technology and thus computers should be used in a manner that is consistent with ethical principle thus helping preempt any occurrence of an ethical risk (Lee et al. n.p). Tony intentionally uses another employees login credentials which establishes a technological risk with a social aspect. Accessing another person’s work account with their consent is indeed a violation of data privacy. A scenario where an employee violates another privacy is however solvable in instances where social desirability is feasible (Lee et al. n.p). In an organization set up, it is the collective desire all the human resources to have their private workspace respected. Therefore, viewing privacy from the standpoint of ethics coupled with a robust code of conduct makes all employees of a business enterprise accountable for their actions. 

An intended secondary consequence is Tony having to go through Robert's files. In accessing his coworker's private workspace, Tony could have just grabbed the data file and logged out of the account, but he goes further to look at his email willingly. Stored Communications Act provides the grounds for the prohibition of deliberate, unapproved access to private communications ( Weber 8 ). Fundamentally, this act establishes a privacy shield in private conversations such as in emails. As such, Tony was out of order going through Roberts private communications. 

An intended tertiary consequence is Tony having to explain to Robert how he accessed his login credentials and why he accessed his work area without the latter’s permission. Since Tony knew what he was doing and in case he decides to provide their supervisors with the evidence that Robert is a gambler, then he will have to explain to Robert why he chose to access his work account without proper authorization. 

An unintended primary consequence is Tony learning that Robert is involved in gambling despite the company’s policies prohibiting gambling by all employees. The primary reason that Tony accessed Robert's working space is that he wanted to acquire a data file that could help him complete his data analysis duties on time. Tony, however, opens and reads a private email that informs him of Robert's betting lifestyles. Gaining this information is purely unintended, and what he does with it is solely on his discretion. Nevertheless, he understands that the company's policy is entirely against gambling hence placing himself in a dilemma. 

An unintended secondary consequence is Tony having to deliberate whether to disclose the new knowledge to senior supervisors or to keep it to himself. AS noted previously, Tony himself may have to explain how he accessed Robert's email account without the latter permitting him. Here, an ethical dilemma is inevitable since Tony can opt to keep the newly gained knowledge to himself or he may choose to inform the management. Naturally, notifying the top leadership of the organization will trigger a series of question on his integrity and adherence to the firm's code of conduct. Again, this points to the previously mentioned conflict of interest between Tony and the organization. 

An unintended tertiary consequence is Robert through the actions of Tony having to explain to the management why he is involved in betting contrary to the organization ban on the same. However, this is applicable only if Tony provides the organization's leadership with Roberts betting information. 

A beneficial aspect and a societal issue is that the topic will help the organization lay a foundation for the policies that will define how the employees handle privacy issues and prioritize the company's interests before individual one. As mentioned in the first beneficial aspect, critically analyzing the premises surrounding the conduct of the two employees will enforce a fundamental policy such those touching on gambling and privacy. Mapping this to the societal issue it will be possible to preempt future instances of jeopardizing the organization's operations and balance. 

A detrimental aspect and unintended secondary consequence regard having to strike a compromise between Tony having to support the organization's privacy and ethical frameworks and having to serve his self-interest. Essentially, Tony disclosing that Robert is involved in gambling contrary to the company's regulations can be detrimental to his career. Similarly in the unintended secondary consequence, if Tony decides to inform the management of Robert betting behavior, he will have to explain how he gained that information thus attracting disciplinary action upon himself. 

Works Cited 

Aşuroğlu, Tunç.  Role of Ethics in Information Security . 1st ed., Baskent University, 2016, pp. 2-5, https://www.researchgate.net/publication/307863852. Accessed 6 Mar 2019. 

Conflict of Interest. 1 st ed. University College Cork, 2019, pp.1-6. www.ucc.ie/en/media/research/researchatucc/policiesdocuments/conflictof interest.pdf. Accessed 6 March 6, 2019 

Dunkin, Ann.  Information Security – Identification and Authentication Procedure . 2nd ed., United States Environmental Protection Agency, 2015, pp. 1-20, www.epa.gov/sites/production/files/2015-12/documents/2120-p-07.2.pdf. Accessed 6 Mar 2019. 

Eby, Lillian T., et al. "The development and test of a framework examining the associations between gambling behavior, strain-based gambling interference with work and nonwork, cognitive disengagement, and role performance."  Community, Work & Family  (2018): 1-23. 

Lee, Wanbil W., Wolfgang Zankl, and Henry Chang. "An Ethical Approach to Data Privacy Protection." Isaca Journal (2016). 

Richards, Neil, and Woodrow Hartzog. "Taking trust seriously in privacy law."  Stan. Tech. L. Rev.  19 (2015): 431-438. 

Weber, Melanie L.  It’s None of Your Business: Workplace Privacy Issues . 1st ed., Fisher and Phillips, 2015, pp. 1-25, www.hftp.org/i/downloads/AC15Workplace1.pdf. Accessed 6 Mar 2019. 

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StudyBounty. (2023, September 16). Privacy Law: How It Works in the Real World.
https://studybounty.com/privacy-law-how-it-works-in-the-real-world-case-study

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