DP1

DecisionPoint
http://proethica.org/ontology/cases#DecisionPoint

DP1

Should Engineer B notify Engineer A of the peer review engagement despite the franchiser's explicit instruction to maintain confidentiality, or comply with the client's confidentiality directive and conduct the review without informing Engineer A?

Engineer B faces a direct conflict between the franchiser's explicit confidentiality instruction and the Code's peer review notification obligation under Section III.8.a. The franchiser has instructed Engineer B not to disclose the new engagement to Engineer A, whose active design work is being reviewed. Engineer B must decide whether to comply with the client's instruction or notify Engineer A of the review relationship — and if notifying, when and to what extent.

Inform Engineer A of the peer review engagement prior to commencing the review, honoring the Section III.8.a notification obligation and preserving Engineer A's opportunity to provide technical context — even though this directly contravenes the franchiser's confidentiality instruction.

Conduct the peer review without informing Engineer A, treating the franchiser's explicit confidentiality instruction as binding under the faithful agent duty and deferring any disclosure until the client's engagement terms permit it or the contract situation changes.

Refuse to accept the review engagement unless the franchiser grants permission to notify Engineer A prior to the review, thereby conditioning acceptance on terms that make simultaneous compliance with both the faithful agent duty and the peer notification obligation structurally possible.

Engineer B