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More handpicked essays just for you.
Legal and ethical tensions between sharing information confidentiality
The tension between confidentiality and disclosing information
The tension between confidentiality and disclosing information
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I agree with the author’s answer that a certified public accountant should never reveal confidential information about the client without getting a consent from the client first. In this case, the information about the client possibly violating the laws regarding minimum wages was private and nonpublic. As a result, disclosing this information might harm the client. And therefore, the client expected that as a professional CPA I must keep this confidential information unrevealed. Here, it was not relevant if I would get a reward for disclosing this information or not. The reason why I am agreeing with the author will be explained in the paper. According to the “Confidential Client Information Rule”, a CPA whether practicing independently or …show more content…
It is against the code of conduct of a CPA to reveal any confidential information s/he obtains through an ‘employment relationship’ with a client. In addition to that, professionals in the service providing industry (including CPAs) are not allowed to use any confidential information obtained from a client for his/her personal gains or benefits ("IESBA - Revised Code of Ethics - IFAC", 2017). According to AICPA Code-5 and IFAC Code-6, CPAs can do their jobs properly if the clients share all the relevant confidential information with them with fearing that this information might be leaked by the CPA or be used by him/her for personal gain. As a result, giving the clients the confidence that their shared information will not be disclosed anywhere and will not be used for other purposes is very important to get the job done efficiently and properly. This rule is even applicable for professionals performing unpaid voluntary services for the clients. However, a CPA can disclose such confidential information if there is any professional or legal duty or obligation to disclose ("IESBA - Revised Code of Ethics - IFAC", 2017). Since this is not the case in our scenario, so I must not reveal this information to
In addition, by deciding not to inform the limited partners of Ed’s deceit, Andrea would be disregarding the American Institute of Certified Public Accountants Code of Professional Conduct in her being unreliable, dishonest and deceitful. Andrea has the responsibility of protecting her client, which involves encouraging the correction of financial statements in order to prevent suspicion during audits that could lead to fines and imprisonment.
Objectivity and independence is most related to the section 5062.2 of CA Accountancy Act because both focus on maintaining objectivity and be free of conflicts of interest in making professional decision. In addition, section 5062.2 shows that a CPA should not accept employment with the Corporation that they audited within last 12 months.
The principles of the AICPA Code of Conduct should guide the work that Jose and Emily do as auditors. The principles that specifically apply to this situation are Responsibilities, The Public Interest, and Due Care. CPAs have the responsibility to “exercise sensitive professional and moral judgments in all activities.” (Mintz, p. 19)
According to PCAOB Ethics and Independence Rule 3520 a registered public accounting firm and its associated persons must be independent of the firm's audit client throughout the audit and professional engagement period. Independence is required for all audit engagements. The auditor must be independent of an entity when performing an engagement according to General Accepted Auditing Standards (GAAS). Independence is very significant to the audit profession, because the primary purpose of an audit is to provide financial statement users with reasonable assurance an on whether the financial statements are presented fairly. The auditor’s report gives credibility to an entity financial statement and without an auditor’s report the financial statement would be consider worthless. Reliance on management for the fair presentation of a financial statement would often result with a bias and impressive financial statements that doesn’t reflect a true picture of the entity’s financial position. An auditor’s independence should not in anyway be influenced by any relationship between their client and
In reality, employees do have to pass on certain information which is why the Health and Social Care Information Centre published guidelines that staff can follow regarding confidentiality (The Open University, 2015, p. 59). There are five rules within these guidelines, firstly, it states that any information about a person is to be
Proverbs 10:9 states: “People with integrity walk safely, but those who follow crooked paths will slip and fall” (New Living Translation).” This Scripture suggests that individuals who do not walk in integrity follow “crooked paths.” They walk in ways that are not morally sound, pure, and honest—but in ways that are corrupt. Clients want accountants with integrity. Thus, integrity is critical to the public trust. As a matter of fact, one of the general definitions of integrity provided by the AICPA Code is that it is a quality from which the public trust derives. Also, it is an element of character fundamental to professional recognition, and it requires members to be (among other things) honest and candid within the constraints of confidentiality (Duska, Duska & Ragatz, 2011). Integrity in the accounting profession involves adhering to the rules and principles of the profession. This includes remaining free of conflicts of interest and maintaining client relationships in which the accountant can remain objective in discharging his or her responsibilities. This requires independence in fact and in appearance as mandated under section 1.200.001.01, Independence Rule the AICPA Code. In other words, no one should be able to view the accountant as being biased with respect to a client’s financial reporting due to an improper client relationship. Lack of integrity in accounting practices has been, and continues to be, a key element in the downfall of many institutions which has hurt the public trust in the accounting
Paralegals are professionals who assist or support lawyers with their work (Westwood College). Supporting qualified lawyers includes a variety of tasks. When an attorney’s case goes to court, paralegals prepare motions and pleadings, in addition to organizing and cataloguing relevant trial documents (Westwood College). Paralegals also locate and interview witnesses; conduct investigations; conduct legal research; and summarize depositions, interrogatories and testimony (The National Association of Legal Assistants). In addition, the Business and Professions Code Section 6450(a) states that “Tasks performed by a paralegal include, but are not limited to, case planning, development, and management; legal research; interviewing clients; fact gathering and retrieving information; drafting and analyzing legal documents; collecting, compiling, and utilizing technical information to make an independent decision and recommendation to the supervising attorney; and representing clients before a state or federal administrative agency if that representation is permitted by statute, court rule, or administrative rule or regulation” (Business and Professions Code Section 6450(a)).
CPA’s have a confidentiality obligation to not distribute client information, which extends to the actions of the firms that deal with client matters, such as failed audits (workplaceethicsadvice.com). A whistleblower can come out and show these audits that are kept a secret and be protected under the Dodd-Frank Act. The Dodd-Frank Act allows accountants to come forward without punishment and possibly be rewarded with a financial bonus. Even though there will not be any punishment for being a whistle blower, accountants still hesitate because of the image it sends to the companies they may be working for. Corporate accountants might be seen as dishonest or disloyal if they blow the whistle on the wrongdoing of their
The independence of mind or independence in fact means Betty has to have a state of mind that allow her to form an opinion without bias due to influence that compromises professional judgment. By having an independence of mind allowing an individual to perform his or her audit work with integrity, as well as, maintaining her objectivity and professional skepticism behavior. However, in this case, she did not have an independence of mind since she trusted Toby and she enjoyed working with him since he is also a CPA because it is easy for her to work with him compare to her other clients who do not have the accounting background. As a result, because of long-term relationship and trust that Betty has with Toby, it influenced her decision about the audit opinion. Additionally, to be independent in appearance Betty and her audit team must show unbiased professional judgment when she reviews her clients ' financial statements. Betty had Problems with independence in appearance because in the case study shown me that she has become too close to her client, Toby. Therefore, all auditors have to maintain their professional skepticism as well as maintain independence in their mental attitude and also independence in appearance to provide an unbiased opinion on
The NSW Criminal Justice System is adequate when dealing with young offenders; however, like any legal system it does have its limitations. The NSW Criminal justice system does uphold the rights of the young offender by providing juveniles with special courts under the Childrens Court Act 1987 (NSW) by providing special protections under the UN’s Convention on the Rights of the Child; the recognising of culpability in regards to the age of the young offender by implementing doli incapax and by arranging a variety of diversionary programs and alternative punishments. However, the limitations of the NSW Criminal justice system in relation to young offenders is Doli Incapax in the The Childrens (Criminal Proceedings Act 1987) NSW which fails to recognise more serious offenders and The Young Offenders Act allowance for youth justice conferencing is not being cultivated for a wide enough range of offenders, leading the exclusion of some young offenders from the benefits that conferencing can offer.
In today’s society with the blogs, the gossip sites and the other forms of social media, confidentiality is a thing of the past. However, for, physicians and other health professionals, they are held to a higher standard to maintain a level of ethics and confidentiality for their patients. Confidentiality is a major duty for a health professional, but is there ever a time to where it is okay to tell what a patient says in confident? What if the patient is a minor, or a senior citizen or someone who is mentally challenged? What if a patient is being abused or wants to commit suicide? Does it matter if it is a nurse, or a dentist, or a psychologist or is all medical professional held to the same moral standard? What roles does a consent form or Health Insurance Portability and Accountability Act plays in the medical world in being confidentiality? I would like to explore Confidentiality and the moral effects it has on the health profession.
His project manager, Oliver Freeman, changed the analysis. that Daniel submitted in order to get a clear opinion so that their firm may get an exclusive account. The. My decision was to report the incident so that the correct information would be supplied in the audit documents. The decision I chose may cost Baker Greenleaf to lose an important client and Oliver Freeman to lose his job, but it will uphold the integrity of the accounting profession and keep Daniel Potter safe from the liability of providing false information.
Bernardi, Richard A., and LaCross, Catherine C. "Corporate Transparency: Code of Ethics Disclosure." The CPA Journal (2005). Retrieved on 16 September 2006 .
I would like for you to take a few seconds and think hypothetically. You and a group of friends decide to set aside a day to have a girls night out. During this day, everyone decides to take a stroll through the park, go shopping, and out to eat that night. The weather is warm, but there is a light breeze that keeps lightly brushing your face at the right moments. As the day progressed, it was perfect. There was shopping, laughter, pampering, and socializing. However, while at dinner, you notice a car that is swerving in the parking lot, but you disregard your sixth sense. As everyone walked towards the parking garage, you saw the car once again, but it is heading in your friend’s direction at full
Are Auditors Becoming Too Cozy With Their Clients? By: Briloff, Abraham J.. Business & Society Review (00453609), Summer85, Issue 54