Case Study: Ethical Dilemma of Data Surveillance and Privacy

This case study addresses an ethical and legal dilemma faced by Mandy, a security administrator tasked with providing weekly reports on employee website access. The core issue revolves around the potential breach of employee privacy due to undisclosed data surveillance. The case utilizes Chris MacDonald's methodology to analyze the moral dimensions, identify interested parties (manager and employees), and assess the values at stake (trust, autonomy). It highlights violations of the ACS Code of Ethics, particularly regarding confidentiality and professionalism. Furthermore, the case references the Workplace Privacy Act 2011, emphasizing the need for a notice of surveillance. Mandy is advised to propose a solution involving proper notification to employees before surveillance. The conclusion emphasizes the importance of ethical conduct and legal compliance to avoid potential legal repercussions and maintain a positive work environment.

Running Head: CASE STUDY
CASE STUDY
Name of the Student
Name of the University
Author Note

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Introduction
Ethical and moral dilemmas often arise in companies due to information being retained or
steps that are taken against the employees without their knowledge. A lack of transparency can cause
a lot of difficulties and often gives a bad name to the company. It decreases employee satisfaction
and often cases might be escalated legally. This case study will be addressing a similar moral
dilemma that might cause serious repercussions if it not handled in a correct manner.
The Case
The case study is about Mandy, an employee who is a security administrator. The company
she works in has 500 employees. She has been tasked with providing weekly reports to the manager
containing all the websites that have been accessed by individual employees and to flag any
questionable website, however, the dilemma arises because the employees have not signed any
agreement stating the existence of this measure and thus it will be a major privacy breach. The
employees will also be penalized if the manager comes across any website that is not acceptable.
Chris MacDonald’s Methodology
According to Chris MacDonald’s methodology as stated in Guide to moral decision making
(2002), the moral dimension is recognized. The fact that the employees are not supposed to access
any unethical or inappropriate website using office server is a given, an agreement is to be signed by
the employees that states the same. Employees should not be subjected to moral presumptions
unless they are informed of them in the workplace. It is an unprofessional thing to so. The interested
parties here is the manager and the employees and the manager is responsible for the employee’s
conduct. This is a strictly professional relationship. The questions of trust and autonomy arises
because, the employees might have been trusting of the company enough to expect privacy when it
came to their personal internet data as well.
ACS Code of Ethics and Professional Conduct
The decision of the manager goes against the clauses in the ACS Code of Ethic (2014) says
a breach of private information is occurring. The following needs to be drafted by Mandy and
presented to the manager to inform him about the breach of ACS Codes and ask him to consider the
new information about the laws that have come in and act accordingly.
1.2.1 The Primacy of the Public Interest
f) Respect the intellectual property of others; and
g) Endeavor to preserve the confidentiality and privacy of the information of others.
1.2.4. Competence
c) Make yourself aware of relevant standards and legislation, and act accordingly;
1.2.5. Professional Development
a) Continue to upgrade your knowledge and skills;
1.2.6. Professionalism
e) Neither require, nor attempt to influence, any person to take any action which would involve a
breach of this Code;
Legislation
The company clearly retains a data surveillance device, which is a device that can record and
retain data from computers according to the Workplace Privacy act 2011, effective from 28th March
2018, which also states, under Section 13, that a Notice of Surveillance is required, at least 14 days
before the surveillance begins or if the worker agrees to a lesser period. According to Section 16, the
worker must be aware of the policy about surveillance and must understand it. In this particular case,
since the employees are not aware, Mandy can remind the employer about the company’s failure to
comply with the requirement under Section 16 and it might cost 20 penalty units for the employer, as
stated in section 20.

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Possible Proposal
After carefully outlining the ethical, moral and legal issues, Mandy can propose to give a
notice to the workers, stating the policy of surveillance, 14 days before conducting it. She can also ask
the manager to hold a meeting with the employees to reduce the wait time for the procedure, as
stated in section 13 of the Workplace Privacy Act. If the employees agree, it will be beneficial for both
the sides.
Conclusion
In conclusion it is evident that the case had been delving into illegal zones. Surveillance is
something invasive of privacy and thus should not be done without prior information, however, it is
also evident that this case can be tackled in a matter of time and if the company follows it, they will be
exempted from the chance of a legal battle and the violation of the Codes of Conduct as laid down by
ACS.

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References
Acs.org.au. (2019). ACS Code of Ethics.
Professional Standards Board (2014). ACS Code of Professional Conduct.
Workplace Privacy Act 2011
MacDonald, C., 2002. A guide to moral decision making. Everyday Ethics: Putting the code into
practice.