Protecting Whistleblower Information: Key Considerations
Protecting personal data of whistleblowers is a crucial aspect of ensuring their rights. Reporting corruption can be done anonymously or with the provision of personal data under confidentiality rules.
Anonymity and confidentiality are two vital yet distinct concepts that individuals planning to report should consider.
Confidentiality involves prohibiting the disclosure of information about the whistleblower, their relatives, or any data that could identify them. The organization receiving the report is obliged to ensure the protection of this information.
Confidential information includes:
last name, first name, patronymic; date and place of birth; place of employment and position; military service details; education/internship location; information identifying the whistleblower as a business entity; marital status; residential and work addresses; phone number, email, and other personalized communication channels; photo of the whistleblower; information about the whistleblower's social media accounts, etc.
Disclosure of such data may lead to disciplinary, administrative, or criminal liability, but in certain cases specified by the Law on “Prevention of Corruption,” it is not considered a violation.
The right to anonymity allows individuals to report corruption without disclosing any personal information. Anonymous reports are also reviewed. The key difference is that to obtain whistleblower status, along with protection and potential rewards, a person must reveal their identity and provide evidence that they made the anonymous report. Security measures to protect the personal data of an anonymous whistleblower can include ensuring the confidentiality of their information and closed court proceedings.
Everyone has the right to choose the format of their corruption report based on their motives, circumstances, and concerns. It is important to consider these distinctions to avoid misunderstandings and unrealistic expectations.
