NICON Software Pt. Ltd is a software development company that has been in business from last 20 years. The company employees 25 staff members and is a member of Australian Computer Society (ACS).
The organisational structure is as given below:
You are hired as the Compliance Manager of the organisation. Your major roles and responsibilities in the organisation are to:
Conduct internal audits of the copyright, ethics and privacy issues in the organisation.
Check compliance with the legislations and standards related to copyright, professional conduct and privacy applicable to the organisation.
Identify key issues related to compliance and conduct further investigations.
Review and develop code of ethics and monitor the workplace to ensure code of ethics is appropriate and being applied.
Ensure that the project team adhere to the policies and procedures.
The Code of Conduct and Ethics Policy sets out the ethical principles and professional standards of conduct all staff and contractors are expected to adopt in the course of their employment, and in the performance of their duties.
This policy applies to all staff and contractors and is additional to the legal, moral and duty of care obligations required.
NICON Software Pt. Ltd is committed to maintaining a Code of Conduct and Ethics that outlines the standards of behaviour expected of staff and contractors; their rights; and ethical standards expected of them to promote sound professional behaviour in order to safeguard the welfare of our Clients and the integrity of NICON Software Pt. Ltd.
Our organisational values, moral imperatives and ethical principles will form the basis for the development of this code.
Failure to adhere to the Code of Conduct and Ethics can result in disciplinary action that may lead to the termination of employment and/ or contractor work with NICON Software Pt. Ltd.
The Chief Executive Officer in consultation with the Leadership Team will issue and maintain a Code of Conduct and Ethics that will apply to all NICON Software Pt. Ltd staff and contractors.
Project Team Leaders, Managers and Staff
Project Team Leaders, Managers and Staff Compliance with Policy and Lawful Directions It is expected that you will:
Comply with NICON Software Pt. Ltd policies and procedures;
Obey any lawful direction given by your supervisor or any other person having the authority to give direction;
Adhere to legislative and contractual obligations placed on NICON Software Pt. Ltd.
It is expected that you will:
Not allow private interests to adversely affect your performance or impartiality;
Not give preference to any person or organisation as a result of any private association with that person or organisation;
Make an immediate disclosure to your supervisor when it is considered that a conflict of interest might arise for you or other families of staff;
Advise your supervisor or manager where any benefit has been offered or received from an outside source;
Not seek to unduly influence any person to obtain promotion, transfer or other advantage.
It is expected that you will:
Co-operate in ensuring that the highest possible health and safety standards are maintained through all NICON Software Pt. Ltd;
Take reasonable care to ensure your own safety at work and avoid adversely affecting the health, safety and welfare of any other person;
Use or wear any protective equipment or clothing required to be used or worn;
Immediately report any situation at the workplace which may constitute a hazard to any person;
Report any accident or incident immediately.
It is expected that you will:
Use NICON Software Pt. Ltd property and equipment for its intended purpose;
Ensure that NICON Software Pt. Ltd property and equipment is properly cared for and maintained
Notgive away, lend, destroy, or otherwise dispose of NICON Software Ltd property unless the action is authorised, regardless of the age of the property or damage to the property
Ethics are a set of principles by which behaviour can be judged to be right or wrong. Our Code of Ethics sets the minimum standards of behaviour expected of NICON Software Pt. Ltd staff and contractors.
The guidelines are intended to ensure that staff and contractors of NICON Software Pt. Ltd will deliver services in accordance with ‘Our Purpose’ and the following principles:
Staffand contractors should perform their duties with professionalism and
Staff and contractors should perform their duties with professionalism and integrity.
Staff and contractors should effectively and efficiently serve our Clients.
Fairness and equity must be observed by our staff and contractors in dealings with Clients and stakeholders.
Real or potential conflicts of interest are to be avoided.
Staff and contractors are expected to practice General Duty of Care at all times. General Duty of Care refers to avoiding doing anything that would foreseeable cause harm to any person. Duty of Care is a requirement that a person, acts reasonably towards others and the public with reasonable attention and caution to avoid acts or omissions that could expose people, for whom there is responsibility, to a reasonably foreseeable risk of injury or harm.
Staff and contractors must ensure that in financial matters, including the handling of monies, they are fully accountable for all transactions or advice. Staff and contractors undertaking financial responsibilities, must observe all relevant legislative and regulatory requirements, and NICON Software Pt. Ltd financial policies and procedures.
Staff and contractors must perform their duties diligently in order to contribute effectively to achieve the desired performance of their workplace. Any staff member who is negligent, careless, indolent, inefficient, or incompetent in the discharge of her/his duties will face disciplinary action.
Staff must be punctual in attendance, be on duty for the whole of normal working hours and must inform their manager if they will be absent from work.
Staff and contractors must strive to attain value for money and avoid wastage or extravagance with usage of NICON Software Pt. Ltd resources. Facilities and other physical resources must be used for their appropriate purpose and maintained appropriately. If possible, staff and contractors should identify improvements to systems and procedures to achieve effective and efficient use of NICON Software Pt. Ltd resources
Staff and contractors must be courteous and polite at all times in dealings with clients and the public.
Any criminal offence or driving conviction of which a staff member or contractor has been found guilty either prior to commencing, or during employment with NICON Software Pt. Ltd, except where the offence is covered by a prescribed spent convictions scheme, must be advised to their manager who shall report it to the Chief Executive Officer. If a staff member or contractor is charged with any criminal offence punishable by imprisonment or is subject to legal proceedings in a civil court, the staff member or contractor must immediately advise their manager who shall report it to the Chief Executive Officer.
Gifts and Favours
It is unacceptable for staff and contractors to encourage gifts or favours for services provided in connection to their official duties for themselves or their family. Staff and contractors can accept gifts or favours up to the value of $50 if they are given freely. Gifts cannot be in the form of cash or negotiable instruments. When a gift or favour is received, staff and contractors must declare it to their manager. If staff and contractors believe that a gift is given to induce favoured treatment, their manager must be advised immediately, who shall report to the Chief Executive Officer. Gifts valued over $50 will remain the property of NICON Software Pt. Ltd.
Staff and contractors are sometimes invited by other organisations to attend events. Staff and contractors may accept invitations in consultation with their manager if their attendance will be regarded as mutually reciprocal or will enhance networking. In accepting invitations, staff and contractors must be aware that they are representing NICON Software Pt. Ltd.
Staff and contractors must treat all people fairly, with sensitivity and involve them in decisions that affect them. Staff and contractors must be responsible for any decisions made and ensure that they have observed the legal requirements, established the facts and avoid improper exercise of powers.
Staff and contractors may participate in a political party but must advise the Chief Executive Officer when they are endorsed as a candidate for a political party or as an independent in an election.
Before engaging in outside employment or in the conduct of a business, trade or profession, staff and contractors must consult with their manager to ensure the outside employment will not adversely affect their ability to perform their contract of employment, or give rise to a conflict of interest
NICON Software Pt. Ltd aims to foster and maintain good working relations. Staff and contractors must respect, and seek when necessary, the opinions of other staff and contractors and acknowledge their contribution.
Staff and contractors must report any unethical behaviour or wrongdoing by any other staff member, contractor or third party to an appropriate senior officer, without the fear of reprisal. Unethical behaviour may include any action that a staff member or contractor believes is a violation of the law, policy, or regulation, or represents gross mismanagement, or is a danger to health or safety.
You recently conducted the internal audit of the organisation and found the following issues with the compliance of the copyright, ethics and privacy standards in the organisation.
Copyright Issues |
o One of the IT staff had used a pirated operating software to set up the computer network to achieve good savings for the organisation. o Copyrighted notice was missing from the photocopiers. o Internet browser history showed that the licensed material was downloaded from the internet. o Some of the project reports were prepared using the format of some other organisation. The format was downloaded from the internet. Some of the content was also plagiarised. o The images used in the reports were copyright material of competitors. |
Ethical Issues |
o While writing a database program for a client, the programmer was unable to solve a complex problem. Rather than consulting someone senior, he decided to used source listing from an early version of software package that he developed at some other company. Moreover, the programmer did not mention it in the documentation and completed the project. |
Privacy Issues |
o Admin password got leaked. Some staff members used the admin password to login to the computers rather than using the personal logins. o Improper configuration of the software. |
You analysed the copyright, ethics and privacy policies and procedures of the organisation. The root cause identified was that the policies and procedures were outdated with the legislations. The reason being that the business has changed its directions and those policies and procedures do not comply with the current legislations.
Based on the root cause identified, you conducted a meeting with the Project Manager, CEO and COO of the organisation. The outcomes of the meeting are as follow:
The outdated policies and procedures are not to be further used at the organisation.
New copyright, ethics and privacy policies and procedures are to be developed.
Special consideration is to be given to the issues identified.
The new developed policies and procedures must address the copyright, ethics and privacy issues.
As discussed in the meeting, you are required to develop and implement copyright, ethics and privacy policies and procedures that addressed the issues identified during the internal audit. After the preparation of the policies and procedures, you must obtain signoff from the Project Manager (your trainer/assessor).
Key requirements and template to develop policies and procedures are as follow: Key requirements for copyright:
Key requirements for ethics:
Key requirements for privacy:
The current copyright law mainly defines the main enforceable rights of all creators of different artistic and creative works . The major scope of copyright law protects the main forms of ideas, innovative concepts and information. |
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The current copyright tem is mainly created for all individuals that helps in protecting the major exceptions and limitations of copyright work (Sinnreich, Aufderheide & Newman, 2020).. The five rights of the bills consist of adaptation, performance, display, publication and reproduction. |
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Copyright compliance policy |
The copyright compliance policy objective is to make sure that different organizations must comply with the copyright laws of Australia (Alexander, 2018).. The copyright compliance is assigned to all created works and procedures. |
Legislative requirements |
“The Copyright Act 1968” legislation is implemented in Australia that has a proper relation to different dramatic, artistic and literary works other than creative works, The Act has been modified five times in years 1983, 1984, 1992,1994,1999 and in the year 2012. |
Infringement of Copyright |
Copyright Infringement are normally associated with the work use that is mainly protected by means of copyright and extensive permission is required. The large scale infringement highly involves public expectations, counterfeiting and anonymous infringement. |
Expiry of Copyright |
The main rule of copyrights normally lasts for 60 years. The original literary musical and artistic works in the 60 year time period and is normally calculated from the year when the author died (Alexander, 2018).. In case of publications and the other works of international works , the 60 year period is normally taken into the consideration from the date of publication. |
Procedures to address the issues |
The procedures to address the copyright issues are to assume the works of different publications is copyrighted. Second step is to not copy and alter without prior permissions. Third step is to properly retain and review the licensing agreements and the fourth step is to have a proper IP policy for the business. |
Resources/ References |
Alexander, I. (2018). Cartography, empire and copyright law in colonial Australia. law&history, 5, 24. Alexander, I. (2018). The copyright/design interface in Australia. The copyright/design interface: past, present and future. Sinnreich, A., Aufderheide, P., & Newman, D. (2020). Creative action under two copyright regimes: filmmaking and visual arts in Australia and the United States. Communication, Culture, and Critique, 13(3), 384-401. |
Introduction |
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ACS ethics code identifies main six main core values and the requirements for the professional conducts. The ACS requires all the members to forbide the values with integrity and responsibility in terms of professional aspects (Atlam & Wills, 2020). The ACS code all requires credential holders with respects to requirements and standards. |
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Ethics |
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Purpose |
The main objective of ACS ethics code is to illustrate the main professional behavior . ACS ethics is to identify the main ethical values and the associated requirements for a professional conduct. The code helps in providing ethical guidelines to conduct ACS credentials applicants and holders. |
Scope |
The scope of ACS is to enhance the uphold and to make proper advancement of dignity, effectiveness and honour of being professional. |
Legislative requirements |
Legislative requirements directly imply the rules and regulations that needs prior consent, regulatory policy, industry codes (Kudina & Verbeek, 2019).. The requirements are directed by the subordinate legislation of the regulatory body. |
Code of ethics notice |
The code of ethics are divided into five main sections that are professional competence , professional behavior , objectivity and integrity. |
Review and grievance procedure |
The main steps of grievance procedures consist of several steps like understanding the main options, raising of formal grievances , detailed response to formal grievance, predicting the main outcomes and raising a grievance. |
Resources/ References |
Atlam, H. F., & Wills, G. B. (2020). IoT security, privacy, safety and ethics. In Digital twin technologies and smart cities (pp. 123-149). Springer, Cham. Klose, M., Desai, V., Song, Y., & Gehringer, E. (2020). EDM and Privacy: Ethics and Legalities of Data Collection, Usage, and Storage. International Educational Data Mining Society. Kudina, O., & Verbeek, P. P. (2019). Ethics from within: Google Glass, the Collingridge dilemma, and the mediated value of privacy. Science, Technology, & Human Values, 44(2), 291-314. |
Introduction |
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The right to privacy is recognized as one of the main human rights under the article 12 of the universal declaration of human rights act 1948. The privacy law mainly deals with storing , rules and regulations of information according to the rules and regulations . |
Privacy |
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Purpose |
The main purpose of privacy is that it helps the security helps in data protection from all types of unauthorized access. The goals of data privacy are achieved helps with the help of private and public cryptography (Chander, Kaminski & McGeveran, 2020). Data privacy mainly refers to the data protection against all types of unauthorized data access. |
Scope |
The main scope of data privacy ensures in proper data protection largely from all types of unauthorized access. Technologies like data encryption is the main process in enhacing the privacy and protection of information. Data privacy helps in determining the data of a computer systems which will be shared with most of the third parties. |
Privacy law |
The privacy law consists of the right not to disclose the information publicly. The right against all types of intrusions into personal issues and decisions (Peukert et al 2020). The law provides a detailed protection of the individual’s privacy and is connected to personal information. |
Privacy policy and procedure |
Privacy policies are mainly that the employees needs to handle and collect all types of personal information and needs to protect personal information from all types of loss , misuse, access and disclosure (Barrett, 2018). The procedures of privacy policy includes mainly Storing of personal information by providing strong passwords Implementation of privacy policy in expressing concerns of others. |
Resources/ References |
Barrett, L. (2018). Confiding in Con Men: US privacy law, the GDPR, and information fiduciaries. Seattle UL Rev., 42, 1057. Chander, A., Kaminski, M. E., & McGeveran, W. (2020). Catalyzing privacy law. Minn. L. Rev., 105, 1733. Peukert, C., Bechtold, S., Batikas, M., & Kretschmer, T. (2020). European privacy law and global markets for data. Available at SSRN 3560392. |
The copyright, ethics and privacy policies and procedures have been signed off by the Project Manager. The management wants to ensure that the staff members and the concerned stakeholders are aware of the latest and updated copyright, ethics and privacy policies and procedures (prepared in part A of the assessment task).
The information related to these policies and procedures is to be communicated in a team meeting. The participants of the meeting will include staff members and the concerned stakeholders including Project team leader, IT Manager, Sales Manager and Accounts Manager.
Before the meeting, you are required to:
Prepare a meeting agenda and distribute it at least 2 days prior to scheduled meeting. The template for meeting agenda is given below. You are required to email the agenda along to the stakeholders. The email
Addresses will be provided to you by the trainer/assessor.
Prepare a presentation (10-15 slides). The presentation must include the following:
Australian copyright law
Organisational copyright requirements (ploicies and procedures related to
Copyright checklist
ACS code of ethics
Ethical requirements
Code of ethics checklist
Grievance procedure to enable confidential reporting of ethical issues.
Key requirements based on privacy act.
Privacy policy and procedures.
Privacy checklist.
Tips to maintain integrity, confidentiality, security and availability of information.
During the meeting:
Check the stakeholder’s understanding of the appplication of the code of ethics, copyright law and privacy law.
Apply communication techniques appropriate to audience and environment.
Use effective listening and open questioning techniques.
Meeting/Project Name: |
ICTICT618 – Manage IP, Ethics, And Privacy In ICT Environment |
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Date of Meeting: (MM/DD/YYYY) |
27/03/2022 |
Time: |
3:30 pm |
Meeting Facilitator: |
Setting of agenda |
Location: |
Conference Rom |
;
To understand the importance of copyright problems and ethics in ICT environment.
2. Attendees |
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Name Department/Division E-mail Phone |
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[Please Fill] |
IT manager |
[Please Fill] |
[Please Fill] |
[Please Fill] |
Staff |
[Please Fill] |
[Please Fill] |
[Please Fill] |
Staff |
[Please Fill] |
[Please Fill] |
[Please Fill] |
Staff |
[Please Fill] |
[Please Fill] |
3. Meeting Agenda |
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Topic |
Owner |
Time |
Importance of data privacy in preventing copyright |
[Please Fill] |
[Please Fill] |
Role of encryption in data security |
[Please Fill] |
[Please Fill] |
Importance of Ethics in ICT environment |
[Please Fill] |
[Please Fill] |
The main relationships of data confidentiality and integrity in ICT |
[Please Fill] |
[Please Fill] |
4. Pre-work/Preparation (documents/handouts to bring, reading material, etc.) |
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Description |
Prepared by |
Importance of end to end encryption in preventing data leakage |
Materials prepared by the IT manager |
Role of encryption in data security |
Documents for meeting prepared by IT manager |
Importance of Ethics in ICT environment |
Handouts created by staffs |
The main relationships of data confidentiality and integrity in ICT |
Materials created by IT manager |
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