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Protection of the rights, freedoms and legitimate interests of a whistleblower in connection with reporting information about a corruption or corruption-related offense

Protection of rights and freedoms of a person who reported a corruption or corruption-related offense is an important aspect of anti-corruption policy.

The whistleblower has the right to:

  • free secondary legal aid;
  • independent involvement of a lawyer;
  • reimbursement of costs for attorney services and court fees in connection with the protection of the rights of a person as a whistleblower.

The lawyer must warn the whistleblowerthat reports of corruption offences should be truthful and supported by evidence. Reporting corruption must be done in good faith and based on reliable information.

False reports may result in liability under the Law.

The lawyer must explain to the client the main aspects of the whistleblower's legal protection, namely:

  1. Confidentiality and anonymity

    • Information about the whistleblower may be disclosed only with his consent, except in cases established by law.
  2. Protection from persecution

    • It is prohibited:
      • release;
      • transfer;
      • demotion;
      • disciplinary action;
      • other negative measures of influence on the whistleblower in connection with his report.
  3. Exemption from liability

    • Exposer is released from civil liability for damage caused by the message, except in cases of knowingly providing false information.
  4. Right to receive information

    • The whistleblower has the right to receive information about:
      • registration and acceptance of the message;
      • the results of its consideration.
  5. Right to remuneration

    • Under certain conditions, a whistleblower is entitled to remuneration.
    • The possibility of receiving a reward depends on various factors, including: the significance of the information provided.

It is important to note that the protection extends not only to the whistleblower himself, but also to his loved ones.

The role of a lawyer in defending a whistleblower:

  • checks the information received from the whistleblower for compliance with legal requirements;
  • helps to prepare a report on a corruption offense;
  • takes other necessary actions regarding protection of the rights, freedoms and legitimate interests of the whistleblower.

Whistleblower protection is an important element of creation a transparent and accountable society, free from corruption.