SCIP Code of
Ethics for CI Professionals
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To continually strive to increase the recognition and
respect of the profession.
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To comply with all applicable laws, domestic and
international.
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To accurately disclose all relevant information, including
one's identity and organization, prior to all interviews.
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To fully respect all requests for confidentiality of
information.
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To avoid conflicts of interest in fulfilling one's
duties.
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To provide honest and realistic recommendations and
conclusions in the execution of one's duties.
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To promote this code of ethics within one's company, with
third-party contractors and within the entire profession.
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To faithfully adhere to and abide by one's company policies,
objectives, and guidelines.
Given the existence of this statement, a number of companies have
either adopted it just as written or referred to it in their own written
polices. That means they have incorporated it by reference. While this provides
a document, it is not enough, for several reasons:
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The very process of adopting and developing a written policy
is an educational process.
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Using the SCIP Code produces a circular problem as the code
refers to your firm's own policies, even if you have adopted it in place of your
own.
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If you have incorporated the code by reference, you are
placing changes in your own code in the hands of others.
In addition, the SCIP Code is not as well drafted as it might be.
We will deal with just one part, the section dealing with a request for
confidentiality. The SCIP Code of Ethics says, in part, that SCIP members agree
"To fully respect all requests for confidentiality of information." While that
sounds very simple, in the real world it is not so simple.
First, look at the relationship with a client itself and ask what fully respect means. Virtually all companies hiring a CI
consultant and virtually all CI consultants use some form of confidentiality
agreement, often called a nondisclosure
agreement (NDA), with respect to a CI assignment. There are firms that work for
many sides in the same industry, over time. Just how long between these
retentions is enough? The code does not deal with that. One suggestion might be
that six months would be appropriate in the case of head-to-head
competitors.
What about firms whose primary thrust is other than CI, for
example, the global management consulting firms? Many of these firms have,
historically, been able to deal with this issue of handling clients who are
competitors (or at least in the same industry) by the use of the so-called
Chinese wall. That is, they created separate teams that are not "contaminated"
with information gained in confidence (or otherwise) from a prior retention.
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From the point of view of expertise, one can wonder how a
firm could claim that the wall was effective, yet "sell" that same expertise to
other clients. Now, that may actually be a serious issue rather than merely one
of passing curiosity.
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What about some of these same firms that now boast that they
are using knowledge management (KM) techniques to be able to retain and
re-access every "learning" from every participant in every past retention? What
does that do to the previous requests for confidentiality?
If the KM techniques are that good, will they not destroy the Chinese Wall, and
with it "full compliance" with a confidentiality request. If they are not that
good, then the firms are not being honest. Neither possibility is a comfortable
thought.
Take a second look at the standard on confidentiality and
note what is missing: There is no limitation on the source of
the request or on the nature of it. As written then, this admonition
certainly is intended to apply to requests from clients (as described
previously) and, obviously, to requests from interviewees that their comments be
"kept in confidence." But does it apply elsewhere, that is, are there other
requests a CI staff member might receive? If so, from whom else might they come?
And just what is a "request"?