How to protect personal data in whistleblowing processes?
Reporting irregularities in organizations or so-called "whistleblowing," opens up many questions with respect to the processing of personal data, including in particular whistleblowers, those affected by the whistleblowing, and witnesses.
Effective protection of information disclosed during the whistleblowing process is an important part of intra-organizational compliance procedures. Data privacy rights play a key role in the design of whistleblowing procedures, and organizations will need to be even more careful after the introduction of the General Data Protection Regulation (GDPR), especially given the high penalties for violating data privacy rights.
The EU Whistleblower Directive
From 17 December 2021, Directive 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (the EU Whistleblower Directive) came into force. Even though its provisions have not been implemented in the Polish national legal system, the identity of people reporting violations (like fraud, corruption or serious infringements in companies) is protected from that date. This prevents retaliatory actions (dismissals, changes in employment conditions to less favourable ones and any form of mobbing and discrimination), which would be a form of reprisal for reporting irregularities. Secure channels that allow whistleblowers to remain anonymous during the reporting as...
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