Differentiate between matters of law and matters of ethics in business situations

Scenario
A few years ago Clare Applewood started a small outdoor equipment business called Mountain Top View. The company is a sole proprietorship. The company began as a single storefront and has grown rapidly to include online ordering through the company website. The company’s website includes the statement, “We are committed to keeping customer information secure and protected.” Clare also uses social media sites to market the company.

Carlos Rodriguez has worked for the company since the beginning. He oversees both store and online operations. Clare and Carlos make most decisions together.

Steve, the company’s Information Technology lead, discovered that the company database of customer information was hacked. Customer names, addresses, and phone numbers were accessed for only those customers who placed online orders in the first quarter of the year. Steve was able to correct the code that allowed the hack and is confident that the database is now secure.

When Carlos overhears Steve talking about the database fix in the store break room, he questions Steve about why he did not bring the breach to anyone’s attention. Steve explains that because he was able to quickly correct the code that led to the breach, and because only address and phone number information for a handful of customers was accessed, he didn’t think it was necessary to say anything.

Clare asks Carlos to evaluate whether the company has an ethical and/or legal obligation to report the breach to their customers and to recommend a course of action. She also asks Carlos to select an ethical test or framework that all employees can use in the future to help guide their decisions.

Directions
Report
Evaluate whether the company has an ethical and/or legal obligation to report the breach to its customers. Your evaluation should be framed as a report for the owner, Clare, that includes the following sections and information. Cite your sources using APA style.

Introduction
Include a definition of ethics and explanation of how ethics compares to law.
Provide an explanation of corporate social responsibility and how it relates to ethical business practices.
Analysis
Provide a summary of the ethical and/or legal issues involved in this situation.
Briefly describe the relevant stakeholders, the key facts, and the potential implications or impact of the situation.
Recommendation
Provide your recommendation for a course of action supported by relevant resources, such as specific laws and commonly accepted ethical practices.
Explain the reasoning behind your recommendation and use reliable sources, such as the textbook and other course resources, to support your position.
Conclusion: Describe how advances in technology in today’s business world have both legal and ethical implications.
Ethical Test or Framework
Select a test or framework for all employees in this company to use. Demonstrate how it can be used when faced with an ethical dilemma. Cite your sources using APA style.

Test or framework
Select a test or framework option from among those described in the textbook.
Name the option you selected and describe the test or framework, including its advantages and potential shortcomings.
Explain why the test or framework that you selected is appropriate for this company; justify your selection.
Apply the test or framework to the scenario to demonstrate how Steve could have used it to guide his decision making and actions.

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Sample Answer

 

 

 

Report: Data Breach Incident at Mountain Top View

To: Clare Applewood, Owner, Mountain Top View From: Carlos Rodriguez, Operations Manager Date: October 26, 2023 Subject: Evaluation and Recommendations Regarding Data Breach

Introduction:

Ethics refers to moral principles that govern a person’s behavior or the conducting of an activity. It’s about doing what is right, just, and fair, even when no laws are broken. Law, on the other hand, consists of rules and regulations enacted by a governing body that are legally binding. While law sets minimum standards of conduct, ethics often extends beyond legal requirements, addressing areas where laws may be ambiguous or non-existent. Ethics guides behavior based on principles, while laws mandate behavior through rules and consequences.

Full Answer Section

 

 

 

 

Corporate Social Responsibility (CSR) is a business approach that contributes to sustainable development by delivering economic, social, and environmental benefits for all stakeholders. 1 It recognizes that businesses have responsibilities beyond just maximizing profit, including acting ethically and contributing to the well-being of society. Ethical business practices are integral to CSR, as they ensure that businesses operate with integrity and consider the impact of their actions on all stakeholders.  

Analysis:

This situation involves a data breach where customer information (names, addresses, and phone numbers) was accessed due to a security vulnerability in the company’s database.

  • Ethical and Legal Issues: The primary ethical issue is the company’s responsibility to protect customer data and be transparent about the breach. Legally, depending on the jurisdiction and the specific type of data accessed, the company may be obligated to report the breach under data breach notification laws (e.g., state-level data breach laws, GDPR if applicable). Even if not legally mandated, ethical considerations strongly suggest disclosure.
  • Stakeholders: The key stakeholders affected include the customers whose data was compromised, the company’s reputation, Clare, Carlos, Steve, and other employees.
  • Key Facts: The database was hacked, customer data was accessed, the vulnerability was fixed, and the breach was not initially reported.
  • Potential Implications: The breach could lead to identity theft, harm to customer trust, damage to the company’s reputation, legal penalties, and financial losses.

Recommendation:

Mountain Top View has both an ethical and likely a legal obligation to report the data breach to its customers. Even though the breach was seemingly minor and quickly fixed, transparency and honesty are paramount in maintaining customer trust. Failing to disclose could lead to greater harm if the accessed data is misused and could severely damage the company’s reputation.

Course of Action:

  1. Notify Affected Customers: The company should promptly notify all affected customers about the breach, explaining what information was accessed and what steps the company has taken to secure their data. Offer credit monitoring or identity theft protection services as appropriate.
  2. Investigate the Breach: Conduct a thorough investigation to understand the extent of the breach and identify any remaining vulnerabilities.
  3. Review Security Measures: Implement enhanced security measures to prevent future breaches. This might include penetration testing, employee training, and upgrading security systems.
  4. Develop a Data Breach Response Plan: Create a formal plan for how the company will respond to future data breaches, including notification procedures, communication strategies, and mitigation steps.
  5. Legal Counsel: Consult with legal counsel to ensure compliance with all applicable data breach notification laws.

Conclusion:

Advances in technology have created both opportunities and risks for businesses. While technology enables growth and efficiency, it also brings legal and ethical challenges, particularly in data privacy and security. Companies must be proactive in addressing these challenges to protect their stakeholders and maintain their ethical standing.

Ethical Test or Framework:

Test or Framework: The “Public Disclosure Test”

Description: This test asks: “How would I feel if my actions were published on the front page of the newspaper?” It encourages individuals to consider how their decisions would be perceived by the public and promotes transparency and accountability.

Advantages: Simple to understand and apply, promotes transparency, and encourages consideration of public perception.

Shortcomings: Subjective, may not be effective for individuals who are not concerned about public opinion.

Appropriateness: The Public Disclosure Test is appropriate for Mountain Top View because it aligns with the company’s stated commitment to customer information security and promotes transparency, which is crucial for maintaining customer trust, especially given the company’s use of online platforms and social media.

Application to the Scenario:

Steve could have asked himself: “How would I feel if my decision not to report this data breach was made public?” This would have likely prompted him to recognize the potential negative impact on the company’s reputation and customer trust, even if the breach seemed minor. The test would have encouraged him to bring the breach to Clare and Carlos’ attention, allowing for a more transparent and ethical response.

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