This assignment is worth 50% of the assessment for this module.

Overall word count: approximately 3000 words.

Learning Outcomes assessed

1. Research, synthesize and present information relating to social and legal issues arising from IT use
2. Apply relevant laws to the analysis of complex IT-related problem situations
3. Explain and evaluate the role of an expert witness

Background

You are a Director of a newly merged recruitment company, MN, which matches employers and employees. This company has been formed from a merger of 2 companies: AB a small recruitment company with 3 employees and YZ, a recruitment company with 8 employees. MN will be setting up in new premises with new, merged IT systems. Before the merger, AB and YZ each had their own website and applicant database. YZ also had a business contact database and ran an online CV checking service. AB’s website was built by a summer placement student from the local university. The student was a family friend of the owner, and had therefore never entered into a formal contract with the company. She had also developed some very nice logos for the company’s website. YZ had a technically-able employee who managed the IT systems, and oversaw the development of new IT systems – such as the CV checking service, that was outsourced to a local software house.

 

AB had developed a long-term relationship with a local University, working closely with a member of staff to support placement students. The new merged company, MN, wants to continue this relationship, and is hoping to use some summer placement students to help them to clean up and transfer data into the new database. You also like the digital logos that were developed for the AB website and would like to adapt them.

 

Consider the following hypothetical situations. You appreciate the importance of seeking professional legal advice, but you like to form your own opinion first to help you understand and review the advice you receive from your solicitor.

Situations

1. The new software systems

Because the new business is taking over from existing businesses, the move needs to be seamless. You’re planning to continue running existing software systems and to gradually develop new ones, starting with the web site.

 

A member of staff from the local university has said he will help with the re-design of the website and the moving of AB’s data into YZ’s applicant database. This could be done in his own time or as a consultant employed through a contract with the University. You have also considered using software house and you are studying their standard contract. As money is tight, you are considering saving money by not having a feasibility study because you’re not building any new systems, you’re just merging and tidying up what exists already.

 

1. Discuss the legal issues that are relevant to the quality of the new website and database, and to protecting your company from problems arising from the merging of the two IT systems. You should take a broad view of quality, which would include, for example reasonable time and cost as well as issues such as security and data integrity. Consider whether the choice of supplier and contract conditions affects the legal position. You will need to explain the key issues and relate them to this situation.

25 Marks

Assessment Criteria

A summary of relevant statute and case law

• Identification of important issues and law that is relevant to the relationship with the developer/their employer and work you want them to do.
• Awareness of relevant cases and contentious issues
• Quality of summary: express key issues clearly but avoid excessive detail
• Appropriate use of relevant references in text and at the end of the answer

15 marks

 

Discussion of the implications of the legal issues arising in this situation, including an assessment of differences that could arise if you used the software house rather than the university lecturer to do the work

• Ability to relate statute and case law to this situation
• Identification of potential problems and how they can be handled
• Justification of the points made

10 marks

 

1. Plan the negotiation that you, as director, will have with the lecturer before you agree that they can do the work. In your plan, identify issues (e.g. price) to discuss and outline how you will approach the negotiation. Your outline may include your preparation, discussion of your initial position and what you will consider when deciding how flexible to be during the negotiation. Justify your approach, and where possible give examples and discuss alternatives

20 Marks

Assessment Criteria

I am looking for a commercially realistic approach and targets that will result in an effective website and database, and will protect your organisation from problems relating to it.

Appropriate issues identified with initial position                              10 marks

The range of issues, the coverage of the issues that need to be dealt with before the developer starts work on the project.

Realistic initial position

Explanation, with examples and justification, of how you will approach the negotiation

Sensible negotiating approach

Appropriate ideas for preparation

Quality of your discussion of your approach and alternatives

4 marks will be given for properly integrated examples

10 marks

2. Crime & the Court

During the checking and cleaning up of YZ’s computers in preparation for the merger, your company have discovered some unauthorised emails have been sent out from one of the employees’ email accounts to everyone who has used the online CV checking service. The employee concerned did not have access to this database so it seems that he has used someone else’s password or hacked into it.

 

1. Summarise the legal issues relevant to this situation. Consider what illegal activities took place, who may have been involved, and any data protection issues.

15 Marks

Assessment Criteria

A summary of relevant statute and case law

• Identification of appropriate issues and appropriate law
• Quality of summary
• Appropriate references in text and at the end of the answer

10 marks

• Ability to relate the law to the given situation

5 marks

 

Because of her research into security, a lecturer has been approached to be an expert witness in separate civil and criminal cases. She has worked with you previously, and has asked you for advice to help her decide whether to take the role.

 

1. Advise her on the role of the expert witness and any potential liability that might arise from the expert’s evidence. You do not have to provide any advice about presentation issues or how to deal with questioning while in court.

15 Marks

Assessment Criteria

A summary of the role of the expert witness                                     10 marks

• In preparation for court
• In court

This should include examples from referenced cases to help her understand the relevant problems and issues.

Discussion of issues relating to liability arising from evidence given by the expert witness                                                                                                                        5 marks

Credit will be given for appropriate references in text and at the end of the answer.

 

3. The invention

You work for a software house designing artificial intelligence (AI) applications. You’ve been working with a database specialist to develop a prototype AI tool to match CVs and job descriptions. He has now left the company and is working for a competitor. You will be seeking a loan from a bank or private investor to commercialise the software.

 

Discuss how the law can help protect your invention.

15 Marks

Assessment Criteria

Long-term protection of software                                                                  5 marks

Issues relating to discussions with bank or private investor                          5 marks

Issues relating to the database specialist who is working at a competitor   5 marks

 

Discuss any issues that should be considered by a recruitment company purchasing this software to match CVs and job descriptions.

10 Marks

Assessment Criteria

Summary of relevant laws                                                                  5 marks

Implications for a company using the software for job applications 5 marks

 

Administration

• Submit the assignment as a Word document through the link on Blackboard. It will be submitted to Turnitin as part of a check for plagiarism.
• Work that is up to 5 days late will be capped to 40%
• This is individual work. Cheating such as plagiarism (using ideas without acknowledgement), collusion (working with others on the assignment) or submitting work that has been submitted for another assignment, will be investigated and dealt with according to the University’s regulations, which you can find on the University’s website.

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