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:
Confidentiality and anonymity
- Information about the whistleblower may be disclosed only with his consent, except in cases established by law.
Protection from persecution
- It is prohibited:
- release;
- transfer;
- demotion;
- disciplinary action;
- other negative measures of influence on the whistleblower in connection with his report.
- It is prohibited:
Exemption from liability
- Exposer is released from civil liability for damage caused by the message, except in cases of knowingly providing false information.
Right to receive information
- The whistleblower has the right to receive information about:
- registration and acceptance of the message;
- the results of its consideration.
- The whistleblower has the right to receive information about:
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.