1. Conflicts of interest There is a conflict of interest here as Alfred needs to make sure that he is not violating clauses 3 and 4 of the BCS. To satisfy clause 3, Alfred needs to employ a sub-contractor to install surveillance system or have sufficient knowledge prior to accepting the contract. In clause 4 it discusses basic human rights. This regulation clashes with the surveillance system as I have made the assumption that the employees are not aware of the surveillance being implemented and this will affect basic human rights.
2. Duty to the Profession In clause 16 Alfred would need to have a meeting with the trade unions to make sure it does not cause any conflict with the workers rights. Hence if Alfred does go ahead with the contract he would have to act with integrity when talking to them 3. Professional competence and integrity. On this issue I will take clauses 20 and 22. Alfred and his company only have knowledge of software and hence he would need to make it clear that a subcontract may be installing the CCTV.
I have made the assumption that the employees are not aware they will be watched. In accordance with the Workplace surveillance Act 2005, requires employees to be notified of any overt surveillance that is to be conducted for security purposes. It is a breach of the Act for an employer to carry out open video surveillance if the following has not occurred: The Data Protection Act 1998 regulates the holding and processing of personal data, that is information relating to living individuals of any age. Its purpose is to ensure that personal information (personal data) is not processed without the knowledge and, except in certain cases, the consent of the data subject, to ensure that personal data which is processed is accurate, to enforce a set of principles for the processing of such information and to provide a general right of access to the individuals about whom the personal data relates. The Act covers data held in manual files as well as computer files.
The factory manager must make certain that the data will processed lawfully and for precise purposes only. The consultant needs to make sure that the information obtained is precise and up-to-date. When an employee leaves the factory the information kept on their file must be removed. The information must be kept secure to prevent it falling in the wrong hands. The case study does not say how long the data will be held. In accordance with the second principle of the data protection act the data must only be kept for a limited amount of time so this is in breach of the data protection act.
Another principle of the data protect act that can affect the client is the data quality principle. So it is imperative that the camera positioning is correct as this could lead to misleading information. This will also affect the client if they have the camera maintained. What will the surveillance data be used for to prosecute employees for theft of materials or disciplinary action?
After analysing the case study I would say that Alfred needs to make some very important changes to the contract. Although the company is in a “slump” it is imperative to discuss the formalities before jumping in to the decision. They may regret the decision later on if there is court case then the company will have to face the consequences. As if the project is not a success it will look bad for the business. The ethical and legal issues need to be sorted before the project can go ahead.
Another thing which has not been discussed is that Alfred is a software practitioner so in theory his company will have to employ another company to install the surveillance system which has not been discussed in the case study. Lastly if Alfred changes the formalities and the project is a success the company will benefit. However it is a lot of hard work and the policies and issues need to be cleared up before accepting the contract.