Financial Crime World

Whistleblower Protection Act: Safeguarding Identity and Protecting Reporting Persons

The Whistleblower Protection Act has been implemented to safeguard the identity of individuals who report irregularities and public disclosure of such information. This act ensures that reporting persons are protected from retaliation, liability, and any other negative consequences.

Protection Against Retaliation

According to the Act, reporting persons will not be considered to have breached any restriction on disclosure of information and will not incur liability of any kind if they had reasonable grounds to believe that the reporting or public disclosure was necessary for revealing an irregularity. Additionally, the Act provides protection against retaliation, ensuring that reporting persons are safe from harm.

Support Measures

The Ombudswoman is mandated to provide general legal information regarding procedures and channels for reporting irregularities and public disclosure, as well as protection measures available to reporting persons under the Act. Reporting persons can request that confidential persons receiving their reports take appropriate measures to protect them from retaliation.

Court Protection

Reporting persons can seek court protection in a special procedure initiated by a lawsuit for the protection of a person reporting irregularities. The Ombudswoman and other organizations can participate in these proceedings as third-party interveners with the whistleblower’s consent.

Interim Measures

The Act provides for interim measures, such as banning acts of retaliation or removing consequences of retaliation, to be proposed prior to, during, or after court proceedings. The court decides on the imposition of these measures within a deadline of 8 days from the receipt of the request.

Reporting persons are exempt from paying court fees in court proceedings initiated for their protection and those related to requests for interim measures. They also have the right to request and receive primary legal aid, which includes:

  • General legal information and advice
  • Drafting submissions before public bodies
  • Representation in proceedings before public bodies
  • Legal assistance in out-of-court peaceful dispute settlement procedures

Additionally, reporting persons can access secondary free legal aid, which includes:

  • Provision of legal advice
  • Drafting submissions
  • Legal representation
  • Legal assistance
  • Exemption from paying costs of court proceedings and court fees

Secondary legal aid is provided by attorneys at law.

Conclusion

The Whistleblower Protection Act aims to protect the identity of individuals who report irregularities and public disclosure of such information, ensuring their safety and well-being while allowing them to speak out against wrongdoing without fear of retaliation or liability. By providing protection measures, support services, and legal aid, the Act empowers reporting persons to come forward and report irregularities without fear of consequences.