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Protection of Whistleblowers: Associated Persons and Wrongly Identified Individuals

Introduction

The following article highlights key provisions and protections for associated persons and wrongly identified individuals under a specific Act or legislation.

Associated Persons and Wrongly Identified Persons

• Definition: Associated persons refer to individuals who suffer sanctions due to their association with a whistleblower. Wrongly identified persons are those who are mistakenly perceived as whistleblowers, either intentionally or unintentionally.
• Protection: According to Section 1(3) of the Act, associated persons and wrongly identified persons enjoy the same protections as whistleblowers.

Key Provisions

Protection from Disclosure

• Section 12: Prohibits disclosure of information that could identify the whistleblower, unless they explicitly consent to the disclosure.
• Section 13: Renders void any agreement that prevents or requires a whistleblower from making a protected disclosure.
• Section 14: Imposes confidentiality on persons who receive, inquire into, or deal with protected disclosures.

Offences and Penalties

• Section 15: Lists various offences related to whistleblowing, including:
  • Making false or misleading disclosures
  • Preventing or restraining whistleblowers from making disclosures
  • Subjecting associated persons or wrongly identified persons to sanctions
  • Refusing to receive disclosures in bad faith
  • Inducing others to prevent or restrain whistleblowers

Penalties

• Offences under Section 15 are punishable by fines and/or imprisonment, with more severe penalties for conviction on indictment.

Conclusion

This summary highlights key provisions related to the protection of associated persons, wrongly identified individuals, and whistleblowers. While this is not an exhaustive analysis of the Act, it provides a comprehensive overview of the protections in place.