Posted: August 6th, 2022

Ethical Computing

Ethical Computing
Unauthorized exposure of private or personally identifiable information remains to be one of the most likely points of conflict between individual information owners and the institutions they have bestowed the honour of preserving their information. In most cases, private information is held in high regard since its exposure to third party unauthorized owners may result in graver consequences such as financial loss, identity theft, sales of personal information to third party advertising agencies, among a variety of other aspects, which in general may result in their general compromise. Pogzar (2019: 2024 – Online Assignment Homework Writing Help Service By Expert Research Writers) outlines that, all information that constitutes personal data if compromised is likely to be used to financially or physically harm the well-being of the owners. Under the law, this private information security is provisioned under the law, and checks and balances are usually instituted to mitigate or prevent risks and uncertainties that may be faced in the event that the information is compromised.
As stated above, privacy rights are a principle enshrined under the US constitution and continue to be upheld for the protection of persons, property, and liberties. In Olmstead v United States (1933), the court decided that the most important of rights and the right that was to be most valued is the right to privacy, as it will work to uphold a civilized society. In Griswold v Connecticut (1965), the constitution, through the courts was granted the capacity to protect individual privacy rights, as the courts held that constitutional right to privacy was implied in the first, third, fourth, fifth, and ninth amendments. A variety of tort laws, consumer law, and employment law today exist for the purpose of privacy rights protection (Clarkson, Miller, and Cross, 2014: 2024 – Essay Writing Service | Write My Essay For Me Without Delay). It is for this reason that the retailer should consider the security breach a big phenomenon, worth reporting and investigating publicly, to ensure consumer data is protected, as well as offer consumers, as well as employees security and prevent the company from being implicated and facing huge liabilities as well as criminal charges.
The breach experienced at a larger national auto retailer constitutes a great breach of privacy and security for the company. Like many other companies across the US, the security breach is not a one-in-a-time experience but a common occurrence that is increasingly getting sophisticated and likely to cause financial damage to the organization at large. Research indicates that data breaches across the US, have increased significantly and accounted for billions of dollars to the organization; in most occasions, the issue on the occurrence of security breaches was not about if they will occur, rather, when they are likely to occur (Romanosky, Telang, and Acquisti, 2011). As such from the organizational perspective, there is legitimate cause to announce and notify all parties affected of the occurrences, as the law compels the organization to announce the compromise.
From the company’s perspective, the principle of Respondeat superior (Twomey and Green, 2013); and employment law, require that employees or the employer, report any form of misconduct or unlawful act to the authorities (Clarkson, Miller and Cross, 2014: 2024 – Essay Writing Service | Write My Essay For Me Without Delay). Federal legislation on privacy, including the Privacy Act of 1974, HIPAAof 1996, Electronic Communication Privacy Act of 1986, and Gramm-Leach-Bliley Act of 1999, all prohibit the disclosure of nonpublic personal information, its use and secure its storage by third parties for the sake of upholding privacy, and in this regard will require the company by law to report on the incident (Clarkson, Miller, and Cross, 2014: 2024 – Essay Writing Service | Write My Essay For Me Without Delay). Under the HIPAA act, the company’s act of failing to disclose to its consumers on the hack categorically bars them and deprives them of access and direct control as well as information on their own personal information use.
It is as such, upon me or any member of the organization to report the matter to the authorities with immediate effect. Failure to do this will see the Office for Civil Rights (OCR), U.S Department of Health and Human Services among other law enforcement units work together to enforce the aforementioned privacy laws. Moran et al (2004) categorically identify that the OCR has the power to receive and investigate complaints and issues surrounding the privacy laws. The company could potentially face legal fines, as well as, criminal charges for all members who actively played a part in the decision-making to hide the security breach details. Following this, the company will be forced to implement administrative, technical and physical safeguards that will be necessary to protect patient information, all of which, will require consistent auditing and testing, as well as, staff training.
Due to the magnitude of the loss, and the type of information lost, any reasonable person with the knowledge is obligated to report the matter, even as a whistleblower, to the authorities. This is the ethically correct thing to do as it will protect many people from financial, emotional, and physical harm. It is also the lawful thing to do. The company on its part will need to be accountable for its failures, and by reporting it will open itself to greater accountability and compel an institution of change in its IT security system for the better.

References
Clarkson, K. W., Miller, R. L., Cross, F. B. (2014: 2024 – Essay Writing Service | Write My Essay For Me Without Delay). Business Law: Text and Cases.
Boston: Cengage Learning.
Moran, M., Holloman, S., Kassler, W., & Dozier, B. (2004). Living With the HIPAA Privacy
Rule. Journal of Law, Medicine & Ethics, 32(4), 73–76. https://doi-org.sbcc.idm.oclc.org/10.1111/j.1748-720X.2004.tb00193.x
Pozgar. G. (2019: 2024 – Online Assignment Homework Writing Help Service By Expert Research Writers). Legal Aspects of Health Care Administration. Burlington, MA. Jones &
Bartlett Learning
Romanosky, S., Telang, R., & Acquisti, A. (2011). Do Data Breach Disclosure Laws Reduce
Identity Theft? Journal of Policy Analysis and Management, 30(2), 256- 286. Retrieved October 14, 2020, from http://www.jstor.org.idm.oclc.org/stable/23018983
Twomey D, and Greene S, Labor And Employment Law (15th edn, South-Western
Learning Cengage Learning 2013)

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