Facebook whistleblower Frances Haugen during an Associated Press interview. | Virginia Mayo/AP Photo
Opinion by MICHAEL JOHNSON
11/23/2021 04:30 AM EST
Michael Johnson is a former public policy director for Blue Shield of California who was sued for disclosing corporate secrets. He is currently at work on a book about whistleblowing and can be found on Twitter @mjohnsoninLA.
Sen. Ed Markey called her a “21st-century American hero” and Sen. Amy Klobuchar predicted her whistleblowing would be the “catalyst” for action by Congress to finally reform the social media industry. But under current law, Facebook whistleblower Frances Haugen could still face serious punishment.
If lawmakers want more corporate insiders to reveal misconduct that harms the public, they need to give more than praise. They need to pass laws that strengthen their legal protections.
As it stands now, Haugen faces the prospect that Facebook could haul her into court and bankrupt her. Like most corporate employees, she’s subject to a confidentiality agreement. Whistleblower laws permit employees to disclose conduct reasonably believed to be illegal to Congress, law enforcement or government regulators. But disclosures to the media are not similarly protected, raising the possibility that Haugen could be sued for breach of contract.
That’s what happened to me.
In 2015, I disclosed to regulators, the media and on my website non-public information about my former employer, Blue Shield of California, that I...
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