Ethics

Ethics and IS 1

IS, Ethics and the Law

Ethics and IS 2

What Do We Mean By Ethics?

‘The purpose of ethics is to enable us to behave honourably..’

Richard Spinello, Ethical Aspects of Information Technology (Prentice Hall, 1995)

Ethics and IS 3

Definitions….. Beliefs regarding right and wrong

behaviour Behaviour that conforms to generally

accepted social norms The purpose of ethics is to help us

behave honourably

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Integrity Acting in a way that is consistent with

your principles Cornerstone of ethical behaviour Extend to all persons the respect and

consideration that you would like to receive

Ethics and IS 5

Good Business Ethics Protect the organisation from legal

action Organisation operates consistently Avoid unfavourable publicity Gain the goodwill of the community Promotes good business relationships

Ethics and IS 6

To answer questions…. Should we use data mining tools? What are my responsibilities as a

consultant? What should I do if I think the system

being designed is not secure enough? How can I resolve a conflict of

interest?

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Aren’t we reinventing the wheel? Yes

‘There is nothing new under the sun’

But There are complications inherent in IT

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Complications Scale – global, pervasive Sophistication – robots, space, medical

imaging Knowledge – amount, type Technology – power, pervasiveness

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New Dilemmas or Old?

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Ethical Decision Making Get the facts Identify the stakeholders and their positions Consider the consequences of your

decision Weigh various guidelines and principles Develop and evaluate options Review the decision Evaluate the results of the decision

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Frameworks For Ethical Analysis

Basic ethical theories Rights based (universal rights grounded in

human nature) Duty based (moral law is rigid and

universal) Utilitarianism (the greatest happiness of

the greatest number) Normative principles

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If you want to know more. . There are lots of books

Ethics Philosophy

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Need for Computer SystemsSophisticated computer systems are

needed because of: The need to handle massive amounts of

data The need to deliver vital information to

decision makers

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IS and IT and EthicsPossible problem areas: Software Networks Hardware Expert systems

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Computer Software Who ‘owns’ the information?

How do we balance the right to privacy with the need for information?

What about property rights to the software? Can copyright and patent laws protect

software?

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Networks How do we cope with viruses?

How do we ensure computer networks are secure?

Who will be liable if there is a breach of security? Should people at risk from security

breaches have some say in security decisions?

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Computer Hardware What about using computers for

performance monitoring? When does monitoring become intrusive

and a form of harassment? What about the power of the vendors?

What are the customers’ rights?

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Expert Systems Who ‘owns’ the knowledge?

The company or the expert? What if it’s wrong? Or the expert won’t share it?

Who is responsible if there is a problem or malfunction? The programmer, the expert, the knowledge

engineer, or the end user?

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Professional Bodies IEEE

http://www.ieee.org/about/corporate/governance/p7-8.html

BCS http://www.bcs.org/upload/pdf/conduct.pdf

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The Law Privacy and Electronic Communications

Directive (2003) Freedom of Information Act (2000) Data Protection Act (1998) Human Rights Act (1998) Health and Safety at Work Act (1974) Copyright, Designs and Patents Act 1988

inc The Copyright And Related Rights Regulations 2003 SI No: 2498

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Privacy and Electronic Communications Directive (2003) Applies to marketing by electronic

means By fax, telephone, email, text message,

picture and automated calling systems

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Freedom of Information Act (2000) The right of access to information held

by public authorities including: Central Government Local Authorities NHS Schools Police

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Freedom of Information Act (2000)……… Full implementation from January 2005 You can obtain information from a

public authority from an approved publication scheme (ie a guide to the type of information routinely published by that authority)

Exempt material does not need to be provided

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The Difference Between FOI and DPA

Information about yourself, the DPA applies

Information related to a public authority, FOI

You have a general right of access to ‘recorded’ information held by public authorities

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Data Protection Act (1998) Aims to strike a balance between the

rights of the individual and the rights of organisations who have a legitimate reason to use personal data

If you process personal data you need to notify the Information Commissioners Office

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8 Principles of Good Practice

The data must be: Fairly and lawfully processed Processed for limited processes Adequate, relevant and not excessive Accurate and up to date

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8 Principles of Good Practice… Not kept longer than necessary Processed in accordance with the

individual’s rights Secure Not transferred to countries outside the

European Economic area unless the country has adequate protection for the individual

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6 Conditions for information to be considered fairly processed The individual has consented to the

processing Processing is necessary for the

performance of a contract with the individual

Processing is required under a legal obligation (other than one imposed by the contract)

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6 Conditions for information to be considered fairly processed.. Processing is necessary to protect the

vital interests of the individual Processing is necessary to carry out

public functions eg administration of justice

Processing is necessary in order to pursue the legitimate interests of the data controller or third parties (unless it could unjustifiably prejudice the interests of the individual

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Sensitive Data If sensitive data (racial or ethnic origin,

political opinions, religious or other beliefs, trade union membership, physical or mental health condition, sex life, criminal proceedings or convictions) is processed, extra conditions must be met

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Sensitive Data…. Having the explicit consent of the

individual Being required by law to process the

information for employment purposes Needing to process the information in

order to protect the vital interests of the individual or another person

Dealing with the administration of justice or legal proceedings

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Human Rights Act (1998) Became law in October 2000 A legal mechanism for recognising and

protecting human rights Includes the right to privacy Breaches of confidence Telephone tapping and the interception

of communication

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Health and Safety at Work Act (1974) Health and Safety (Display Screen

Equipment) Regulations 1992 Advice on the positioning and use of VDUs

and workstations in general to reduce the risk of Upper Limb Disorders

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Copyright, Designs and Patents Act 1988 Including The Copyright And Related

Rights Regulations 2003 SI No: 2498 Covers intellectual property rights Limited coverage of computer software

Legislation having an impact on ICT development in Sri Lankahttp://www.icta.lk/index.php/en/programmes/ict-policy-leadership-and-institutional-development-programme/99-e-laws/69-e-laws-project

Information and Communication Technology Act No.27 of 2003

Evidence (Special Provisions) Act No.14 of 1995 Intellectual Property Act No. 36 of 2003 (Sections

related to Copyright) Electronic Transactions Act No. 19 of 2006 Computer Crimes Act No. 24 of 2007 Payment And Settlement Systems Act, No. 28 of

2005 Payment Devices Frauds Act No.30 of 2006

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