This code of ethics, like all others, has limitations. Here, it has failed to consider all cases, namely the case where the entity whose confidentiality is being protected doesn't exist anymore. That doesn't necessarily mean your quote isn't relevant, just that it shouldn't be given the final say until we've balanced it out with the rest of the document and looked at the tradeoffs involved.
Not breaking the NDA is an issue w/r/t:
- 1.2 "Well-intended actions, including those that accomplish assigned duties, may lead to harm. When that harm is unintended, those responsible are obliged to undo or mitigate the harm as much as possible."
- 2.2 Maintain high standards of professional competence, conduct, and ethical practice.
- 2.7 "As appropriate to the context and one's abilities, computing professionals should share technical knowledge with the public"
- 2.7 again "a computing professional should respectfully address inaccurate or misleading information related to computing."
Lastly, since the company's actions were clearly in violation of the Code and potentially causing harm, I could simply argue that the public is the ultimate appropriate authority (since none seem to be more appropriate in this case) and that not breaking the NDA would have been unethical by the very passage you chose to quote.
I think the defense attorney example seems to be a bit of an exception. Even in that scenario, the law also requires a prosecutor. The partiality of each opposing side is required for the system itself to be impartial, and if the defense attorney has a sense of ethics, they will only participate if they know that someone else is arguing the prosecution's side as well (or if they're about to run out of food and have no other alternatives, but that's a different story).
Re moral imperatives and tradeoffs: even these guys had a code of ethics https://www.bullmarketgifts.com/Framed-Enron-Code-of-Ethics-... The "ethical thing to do" does not always come from a book or a committee, instead it's dictated by the moral principle most specific to the situation at hand and taking into consideration the widest breadth of weighted personal interests and needs. In any case, I'm not sure I agree with this statement "just about every professional ethics committee or handbook would tell you to uphold your NDA". Nor do I believe that I can speak for just about every committee without consulting them beforehand, so I can't know what they would come up with in this situation.
In the end, I just fail to see why ethics in the professional world should receive special treatment. Different domain, same principles and rules.
Not breaking the NDA is an issue w/r/t:
Lastly, since the company's actions were clearly in violation of the Code and potentially causing harm, I could simply argue that the public is the ultimate appropriate authority (since none seem to be more appropriate in this case) and that not breaking the NDA would have been unethical by the very passage you chose to quote.