National Institute of Engineering Ethics

Applied Ethics Case of the Month
March-April 2003

WAS THAT "PIRACY" OR "PRIVACY"?

(Case 1031)

 You may vote for the approach(es) you feel to be most appropriate, or transmit your own approach(es) to the case, pertinent comments or observations.

To vote, please check the box(es) next to the approach(es) you feel are most appropriate:

 1. Comply, willingly.  Gwen should do what she is told.  NorthLink employees are using company equipment to make personal email transmittals and doing so on company time, despite having been informed that doing so is against company policy. They have no reason to complain, nor should Gwen complain or feel uncomfortable about following her supervisor’s orders
2. Comply, reluctantly.  Gwen should stifle her conscience and abide by Lawrence’s request.  She does not have the responsibility for strategic vision, running the company, or any other business decision, and should not insert herself into that process.  Lawrence is in charge of this section and responsible for implementing company policy as it pertains to IT activities.  Times are tough and she needs the job.  After all, Gwen is not the one spending company time on private business
3. Refuse, flatly.  Gwen should refuse to access the email files for Lawrence in the manner he has requested on the basis that his action is unethical.  Further, she should inform Lawrence that she is prepared to resign if he forces the issue.
4. Refuse, conditionally.  Gwen should refuse to access the email files for Lawrence in the manner he has requested on the basis that his action may not be legal.  Further, she should inform Lawrence that she will not access the files without express written approval from the human resources department, the employee union, and the firm's legal department
5. Analyze, carefully.  Since she has access to the employee email files, Gwen should offer to do a confidential analysis for Lawrence of the email files to determine the apparent volume of personal messages, as well as which employees seem to be using the system the most for personal emails, but she will not review the nature or content of any of the messages.
6. Document, clearly.  Gwen should help Lawrence put together a brief agreement form for each employee to read and sign that reiterates the company’s policy regarding the use of its equipment and time for personal email communications, and which clearly states that the employee agrees that the company has the right to review employee email communications on a random, unannounced basis, for compliance with the policy
7. Monitor, quietly.  Gwen should propose an option to Lawrence that instead of trying to read the emails, she can install a clandestine tracking system that keeps a daily log of internal and external email volume (sent and received) by individuals.  This system will provide weekly reports of email activity to Lawrence, which he can use to manage IT resources and activities
8. Monitor, openly.  Gwen, as administrator, should suggest that she monitor the email of those employees who are putting the most strain on the email system and, if the email is not related to company business, counsel them privately to cut it out or risk the loss of their job.  Prior to setting her on this course of action, Lawrence should announce to the staff that, in accordance with the Company Policy, email will be read and individuals engaging in email correspondence unrelated to Company business will be subject to the written corrective action policy (counseling, warning, formal reprimand, suspension, termination).  All discipline above counseling would be performed by Lawrence and/or his partners.
9. Inform, quickly.  Gwen should quietly inform all employees of Lawrence's abrupt decision, immediately, and suggest that individuals clean out their email files so as to not face Lawrence's ire.  She should note the date and time of Lawrence's remarks to her, and, for her own file only, reasons for her opposition
10. Download, surreptitiously.  Gwen should realize that this is the perfect opportunity to see how the firm’s partners, including Lawrence, spend their email times.  After making sure that her own email box is clean as a whistle, she should make a copy of each manager’s inbox for perusal later, since you never know when this type of information might come in handy. 

 

 11.

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