Whistleblower Protection: Latvia’s Laws Fall Short of Providing Adequate Protections

Riga, Latvia - A recent review of Latvia’s Whistleblowing Law has revealed several shortcomings that hinder the effective protection of whistleblowers. The law, intended to promote transparency and accountability, fails to provide adequate safeguards for individuals who report wrongdoing.

Complex Reporting Process

One of the main concerns is the complexity of the reporting process. Article 7(9) of the law requires authorities to inform the public about violations detected through whistleblower reports, unless the whistleblower objects to disclosure. However, this provision creates confusion, as it implies that whistleblowers have a positive obligation to indicate whether they want information published, rather than simply requiring their active consent.

Additionally, the law provides state-provided legal aid only to whistleblowers, leaving relatives and related persons without adequate protection. This is despite Article 12-16 of the law explicitly mentioning the application of these provisions to related persons. The annotation to the law offers a clarification, stating that relatives and related persons are not entitled to state-provided legal aid but can seek protection against adverse consequences in court. However, this solution may not provide sufficient protection for those affected by whistleblowing.

Lack of Clarity on Public Whistleblowing

The Whistleblowing Law also lacks clarity regarding public whistleblowing. While the law provides for the dissemination of information in a public domain, it does not specify how this should occur. This ambiguity has led to authorities misinterpreting what constitutes a public whistleblowing, resulting in refusals to pursue reports further.

Insufficient Obligations on Internal Whistleblowing Systems

Furthermore, the law fails to extend the obligation to recognize whistleblower reports to internal whistleblowing systems. This omission may lead to inconsistent treatment of reports and undermine the effectiveness of these systems.

Recommendations for Reform

Transparency International Latvia (TI Latvia) has called for reforms to address these shortcomings. The organization advocates for:

Simplifying the reporting process
Providing adequate protection for relatives and related persons
Clarifying public whistleblowing procedures
Extending recognition obligations to internal whistleblowing systems

Quotes

“‘While Latvia’s Whistleblowing Law is a positive step towards promoting transparency and accountability, it is essential to address these deficiencies to ensure the effective protection of whistleblowers,’ said [Name], TI Latvia Director. ‘We will continue to work with stakeholders to improve the law and promote a culture of integrity in Latvia.’”

Funding and Responsibility

The review was funded by the Society Integration Foundation from the Latvian state budget allocated by the Ministry of Culture, and Transparency International Latvia is responsible for the content.

This article highlights the need for reform in Latvia’s Whistleblowing Law to ensure the effective protection of whistleblowers. By addressing these shortcomings, Latvia can promote a culture of integrity and transparency, and support individuals who report wrongdoing.