Financial Crime World

Iceland Enacts Comprehensive Whistleblower Protection Law

In 2021, Iceland’s parliament passed a comprehensive whistleblower protection law aimed at strengthening public and private sector whistleblowing.

Background

The move comes as a response to growing distrust in the country’s administrative system following high-profile scandals such as the Panama Papers and Fishrot File.

Key Provisions

The Disclosure Protection Act provides robust protections for whistleblowers, including:

  • Immunity from liability: Whistleblowers are shielded from liability and penalty due to their disclosures.
  • Protection against retaliation: Employers are prohibited from retaliating against whistleblowers by firing them or changing their rights at work.
  • Confidentiality ensured: Whistleblowers who report to regulators or law enforcement can ensure confidentiality.

Scope

The Act protects both public and private sector workers, consolidating whistleblower protections in one legislative instrument. It defines contemptible conduct broadly, thus protecting a wide range of disclosures.

Comparison with International Best Practices

While the Icelandic government has taken a significant step towards strengthening whistleblower protection laws, there are areas for improvement:

  • No reward scheme: Unlike some international best practices, the law does not include a reward scheme for whistleblowers.
  • No autonomous oversight body: There is no independent authority to oversee disclosures and ensure accountability.

International Comparison

Iceland’s move follows Australia’s recent strengthening of its whistleblower protection laws. The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 broadened the definition of wrongdoing that can be reported and extended protection to whistleblowers who report to prescribed bodies.

Expert Recommendations

Experts suggest that both Iceland and Australia still have room for improvement, with the inclusion of reward schemes and whistleblower protection authorities being key recommendations.

Reaction

The Icelandic government’s decision to strengthen whistleblower protections has been welcomed by human rights organizations and international watchdogs. The move is seen as a crucial step towards promoting transparency and accountability in Iceland’s public and private sectors.

By strengthening whistleblower protection laws, Iceland is sending a clear message that it values transparency, accountability, and the importance of ethical behavior in both the public and private sectors.