Whistleblower Protection Rules Come into Force: Authority Obliged to Provide Reasoned Information
In a significant move aimed at strengthening transparency and accountability, the authorities have been compelled to provide whistleblowers with detailed information on the actions taken to address their reports. This obligation is stipulated in the Whistleblower Protection Rules, which came into effect recently.
Obligation to Provide Reasoned Information
Under the new rules, authorities are required to inform whistleblowers of the planned or actual actions within three months of receiving a report. The information provided must be reasonable and based on concrete evidence.
Confidentiality Guidelines
In addition to this, the rules also set out strict confidentiality guidelines for reports, including those containing personal data. The identity of the whistleblower is confidential and can only be disclosed under specific circumstances.
Protection from Retaliation
The authorities are also required to take measures to protect whistleblowers from retaliation, which includes:
- Ensuring that reports are processed in a secure manner
- Storing securely any personal data collected and deleting it immediately if no longer necessary
Record-Keeping and Disclosure
Furthermore, the rules stipulate that obliged entities and competent authorities must keep records of all reports received for at least five years or until any related proceedings have been concluded. The identity of whistleblowers may only be disclosed as a result of a legal obligation or court order, and prior written notification must be provided to the whistleblower stating the reasons for disclosure.
Prohibition of Retaliation
The protection rules also prohibit acts of retaliation against whistleblowers, which are defined as any act or omission that causes material or non-material damage. Anyone found guilty of retaliation is liable to compensate the whistleblower for the damage caused.
Annual Reports
In a significant development, the authorities are now required to submit annual reports to Parliament on:
- The number of external reports received
- The outcome of proceedings opened on the basis of those reports
- Any other relevant information to improve the mechanisms for submitting and following up on reports
Promoting Transparency, Accountability, and Good Governance
The Whistleblower Protection Rules are aimed at promoting transparency, accountability, and good governance by encouraging individuals to speak out against wrongdoing without fear of retaliation. By providing a safe and confidential environment for whistleblowers, these rules can help to prevent corruption, promote ethical behavior, and protect the public interest.