UNIT 2
UNIT 2
UNIT 2
• Characteristics of a Professional
• Requires advanced training and experience.
• Involves exercising discretion and judgment.
• Cannot be standardized by time.
• Expectations: lifelong learning, societal contributions, assisting other
professionals.
• Special rights and responsibilities (e.g., doctor-patient confidentiality).
• Are IT Workers Professionals?
• Many roles in business, such as software engineers and network admins,
have professional traits.
• However, not all IT roles demand advanced knowledge as defined in the U.S.
Code.
• Legally, IT workers are not recognized as professionals due to the lack of
licensing requirements.
• Implication: Limited liability in malpractice cases since IT workers do not
meet the legal professional definition.
• Professional Relationships in IT
• IT workers manage diverse
relationships with:
• Employers, clients, suppliers, other
professionals, IT users, and society.
• Ethical behavior: honesty and
appropriateness in all relationships
• IT Worker-Employer Relationship
• Mutual respect boosts productivity and cooperation.
• Roles: system analyst, programmer, network admin, IT auditor, etc.
• Hiring Process
• Employers: Screen resumes, conduct interviews, offer jobs.
• Key agreements: Job title, responsibilities, salary, benefits.
• Workplace Policies
• Policies: Dress code, use of resources, confidentiality, leave.
• IT-specific rules: Tools, methodologies, testing protocols.
• Ethical Issues
• System Abuse: Misuse of data or systems.
• Trade Secrecy: Safeguard business-critical information.
• Whistleblowing: Reporting wrongdoings with protection.
• Security Concerns
• Data and network vulnerabilities require strong cybersecurity.
Employment Agreements
• Clear Job Role: Employers give a detailed job description; IT workers follow it.
2. Mutual Expectations
• What Employers Expect: IT workers should perform well, meet deadlines, and follow company
rules.
• What IT Workers Expect: Employers should provide support, training, and a good work
environment.
3. Company Policies and Conduct
• Ethics: IT workers must act responsibly, especially with data and security.
• Resource Use: Follow company guidelines on using software, hardware, and networks.
4. Flexibility and Adapting to Changes
• Adapting to New Tasks: IT workers may need to learn new skills or take on new tasks as technology
changes.
• Employer Support: Employers often offer training to help workers stay up-to-date.
5. Legal and Ethical Compliance
• Legal Standards: IT workers follow the law and company policies.
• Employer Responsibility: Employers must create a fair, safe, and lawful work environment.
• Relation Between IT worker and clients
• Importance of Positive Relationships
• Mutual Trust and Respect: Essential for successful project delivery.
• Effective Communication: Clear and frequent updates improve collaboration.
• Understanding Client Needs
• Requirement Gathering: IT workers must thoroughly understand client
expectations.
• Customization: Solutions tailored to meet specific business needs.
• Transparency
• Project Timelines: Regular updates on progress and challenges.
• Cost and Resource Management: Clear communication about budgets and
resource allocation.
• Ethical Considerations
• Data Confidentiality: Protect client information and maintain privacy.
• Professional Conduct: Uphold high standards in all client interactions
• What is Privacy?
• Privacy is the right of individuals or organizations to control their personal
information, including how it is collected, used, and shared. It involves
safeguarding personal data, maintaining confidentiality, and ensuring that
individuals have the ability to limit access to their information.
• Example:
• Cambridge Analytica and Facebook Scandal: In 2018, it was revealed that
Cambridge Analytica, a political consulting firm, had improperly accessed the
personal data of millions of Facebook users without their consent. The
company used this data to influence voter behavior during elections, sparking
significant public outcry and a closer look at how social media platforms
handle personal data
• Key aspects of privacy include:
1.Control: Individuals should have control over their data, including the ability
to decide what information they share, with whom, and for how long.
2.Confidentiality: Personal information should be kept secure from
unauthorized access or disclosure, especially sensitive data like health
records, financial information, or identifying details.
3.Transparency: Individuals should be informed about how their data is
collected, stored, and used, often through privacy policies or user
agreements.
4.Data Minimization: Only the necessary amount of data should be collected
and stored, reducing potential exposure and misuse of personal information.
5.Accountability: Organizations and individuals handling personal data are
responsible for its protection and must ensure it is managed responsibly and
in compliance with privacy laws and regulations.
• Social Networking ethical Issue
• As social networking has revolutionized the way people communicate, share
information and interact with the world. With these development, ethical issue
also have emerged. Some of the issues are:
• Privacy and data Security
• Misinformation and fake news
• Cyberbullying and harassment
• Addiction and mental health
• Exploitation of personal data for profit
• Censorship and freedom of speech
What is E-Discovery?
• Definition: Electronic Discovery is the process of identifying, collecting, and
reviewing electronic information for legal cases.
• Examples of ESI: Digital documents, emails, databases, chat logs, social
media content, and more.
• Importance: As digital evidence becomes critical to modern cases, E-
Discovery allows fair access to all relevant information.
E-Discovery in the Context of Nepal
• Emerging Use: E-Discovery is new in Nepal, primarily used in complex cases
involving digital fraud or electronic records.
• Types of Cases: Cybercrime, business disputes, banking fraud, regulatory
cases.
• Current Practice: Courts are more familiar with traditional paper evidence,
and digital evidence is still evolving.
• Legal Framework and E-Discovery in Nepal
• Electronic Transactions Act, 2063 (2008): Governs digital communication and e-
signatures, but limited in E-Discovery processes.
• Cybercrime Laws: Address digital fraud and cybercrime but need updates for handling
ESI.
• Need for Clear Guidelines: Nepal lacks comprehensive policies on preserving,
collecting, and handling ESI for legal cases.
• Challenges of E-Discovery in Nepal
1.Lack of Legal Infrastructure: Limited E-Discovery policies and standards in legal
procedures.
2.Limited Awareness: Judges, lawyers, and law enforcement may lack training in
handling ESI.
3.Technological Limitations: Many organizations in Nepal lack the technology to store
or search through large volumes of digital data.
4.Data Privacy Concerns: Proper data privacy laws are needed to protect individuals
during E-Discovery.
• Case Studies and Examples in Nepal
• Example 1: Banking Fraud: Cases where digital evidence like transaction logs,
emails, and database records are collected for investigation.
• Example 2: Cybercrime Investigations: Use of chat logs, emails, and online
transaction records to build cases.
• Example 3: Government Data Audits: Limited instances of electronic data
audits in public sectors as part of anti-corruption efforts.
• Why is E-Discovery Important?
• Purpose: Helps ensure fair legal processes by making relevant digital
evidence accessible.
• Common Uses: Criminal and civil cases, corporate disputes, and regulatory
investigations.
• Challenge: Handling the vast amount of digital data created daily.
• The E-Discovery Process
• Key Steps:
• Identification: Find relevant data.
• Collection: Securely gather the data.
• Preservation: Protect data from tampering or deletion.
• Review & Production: Organize, analyze, and share with the court and other parties.
• Ethical Issues in E-Discovery
• Key Questions:
• Is it ethical to hide or destroy incriminating evidence?
• How proactive should organizations be in producing evidence?
• Is it right to "bury" evidence in excessive amounts of trivial data?
• Ethics in Practice: Transparency and honesty are essential to maintain trust in
legal processes.
• Case Study:
• Apple vs Samsung
• Case Type: Patent Infringement
• Parties Involved: Apple Inc. and Samsung Electronics
• Key Issue: Apple claimed that Samsung infringed on its smartphone
patents, copying design and technology features.
• Legal Setting: This multi-country litigation was one of the largest patent
cases globally, spanning from 2011 to 2018.
• Samsung’s Failure to Implement Effective Litigation Hold
• Issue: Samsung neglected to ensure all employees involved in the case
preserved relevant data.
• Consequences: Loss of potential evidence, including internal emails that
might have influenced the case.
• Court Ruling: The judge criticized Samsung for this oversight, which resulted in
sanctions and negatively impacted Samsung’s legal standing.
• Apple’s Compliance Challenges
• Samsung’s Counterclaim: Samsung argued that Apple also failed to preserve
relevant data.
• Court’s Finding: The court found that Apple did implement litigation holds,
but both companies faced challenges in managing vast amounts of ESI.
• Learning Outcome: This led to a focus on thorough compliance and ESI
preservation protocols across both companies.
• Consumer Profiling
• Definition: Collection and analysis of consumer data to understand preferences and
behaviors.
• Purpose: Tailor marketing and improve product relevance.
• Imagine a company like Daraz. They track your browsing history, purchase patterns, and
even what you leave in your cart. This data helps them build a profile of your preferences
and habits. So, when you log in, they’re ready with personalized product recommendations,
targeted ads, and even emails tailored to what you're likely to buy next. Creepy or cool?
• Types of Consumer Profiling
• Demographic Profiling
• Definition: This type focuses on statistical data about consumers, including characteristics
such as age, gender, income level, education, occupation, marital status, and ethnicity.
• Purpose: Helps businesses segment their audience based on quantifiable factors, allowing
for targeted marketing strategies.
• Example: A clothing retailer might use demographic profiling to target young, single women
with specific promotions on trendy apparel.
• Psychographic Profiling
• Definition: This profiling approach examines consumers' lifestyles, values,
attitudes, interests, and personality traits.
• Purpose: Provides deeper insights into why consumers make certain
purchasing decisions, going beyond just who they are.
• Example: A wellness brand may target consumers who prioritize health and
sustainability by promoting eco-friendly products that align with their values
• Behavioral Profiling
• Definition: This type analyzes consumer behaviors and patterns, including
purchase history, brand loyalty, product usage, and engagement with
marketing efforts.
• Purpose: Helps businesses understand how and why customers interact with
their products or services, enabling personalized marketing strategies.
• Example: An online streaming service might use behavioral profiling to
recommend shows based on users' viewing history.
• Geographic Profiling
• Definition: This profiling type focuses on the location of consumers,
considering factors such as region, city, neighborhood, and even specific
addresses.
• Purpose: Assists businesses in understanding local market dynamics and
tailoring marketing strategies to specific geographic areas.
• Example: A restaurant chain may use geographic profiling to promote
different menu items based on regional tastes and preferences.
• Data Collection Methods
• Direct Collection: Users provide information through:
• Website registration, surveys, forms, and online contests.
• Indirect Collection:
• Cookies: Text files stored on users’ devices to track web activity.
• Tracking Software: Analyzes browsing habits to deduce interests
• How Cookies Work
• Cookies enable:
• Tracking return visits and personalizing ads based on past interactions.
• Repetition marketing to increase product recall.
• Tracking other websites a user visits to enhance targeted advertising
• Offline Consumer Data Collection
• Marketing firms collect data from:
• Credit Card Use: Tracks spending habits.
• Loyalty Programs: Monitors purchases.
• DMV and Warranty Registrations: Adds to personal data profiles.
• Lack of Consent: Often, data is collected and shared without explicit permission.
Privacy Concerns and Anonymity
• Data from cookies is anonymous unless linked to personal data.
• Linking personal info (e.g., name and address) can:
• Lead to identifying further private details.
• Be used by companies to initiate direct marketing or sold to third parties.
Consumer Data Privacy as a Major Issue
• Customer Trust: Companies need to protect and respect data.
• Legal Implications: Privacy violations can lead to lawsuits and lost business.
• Transparency: Lack of insight into how data is used post-collection.
• Workplace Monitoring
• Tracking employee activities to ensure compliance with company policies and
enhance productivity.
• Importance of Monitoring Helps reduce non-work-related activities and
potential legal liabilities
• Scope of Workplace Monitoring
• Common Monitoring Practices
• Email and internet usage tracking.
• Phone call recordings.
• Video surveillance.
• Random drug testing and psychological assessments.
• Reasons for Monitoring
• Productivity Concerns
• Studies show workers spend significant time on personal activities (60-80% online).
• Companies banning social media to reduce waste.
• Legal Protection
• Establishing policies to protect against harassment and lawsuits.