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European Whistle-blower Directive: Draft for consultation
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In a democratic society, we need to encourage and protect those who speak out and report wrong-doing or illegal behaviour. Thanks to whistle-blowers, scandals like illegal mass surveillance, industrial scale tax avoidance or the sexual abuse of children by peacekeepers have been revealed.
This is why the Greens/EFA group in the European Parliament believes that there is an urgent need to enact an EU legal framework that would set out common minimum standards for the protection of whistle-blowers throughout the European Union.
We have drafted, together with legal experts, a draft EU law to protect whistle-blowers. We opened the draft up to public consultation for almost 4 months, from 16/05/15 to 12/09/2016.
We would like to thank everyone who participated for their feedback.
For technical reasons, this platform deletes the comments and votes received once you notify participants that you have edited the text in line with their recommendations. For this reason, we have not used the "change and inform users" function for the majority of the text, because we wanted to keep a record of the comments received. We have instead just edited the text directly.
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+1
P86
- The recipient, as stipulated in Articles 6 and 7, of the whistle-blower's concern shall be required to acknowledge receipt of the information in writing within five working days of being notified about the concern.
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P87
- The whistle-blower shall be informed within 30 working days of the investigation or other action taken by the competent authority. If the competent authority does not provide this information within the aforementioned timeline, it shall be required to inform the whistle-blower in writing about the reasons for its failure to do so.
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P88
- This article is without prejudice to the whistle-blowers' right to use other channels of disclosure, as listed in Article 5.
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Article 10
Anonymity
P89
- Protection shall be granted to whistle-blowers who disclose information anonymously.
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P90
2. Member State disclosure mechanisms shall provide for safe, secure, confidential or anonymous disclosure.
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P91
3. Any person who learns about the identity of a whistle-blower, or any information that might identify a whistle-blower who made, or intends to make, a protected disclosure anonymously, shall not disclose the identity of the whistle-blower, or any information that might identify the whistle-blower, to any other person without the consent of the whistle-blower.
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P92
4. Protection shall extend to whistle-blowers who, following their disclosure and despite their anonymous reporting, have been identified without their consent.
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Article 11
Burden of Proof
P93
V01
V01
Member States shall require that the burden of proof is placed firmly on the employer: It shall be for the empoyer to demonstrate by clear and convincing evidence any claims that the whistle-blowers' disclosure is purposefully dishonest, or is absent of public interest. Similarly, the burden is on the employers to prove that any measures taken against a whistle-blower were not in any way related to the disclosure.
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Article 12
Rights of Persons Implicated
P94
1. Any person implicated by reports of irregularities must be notified without delay of the allegations made against them, provided that this notification does not impede the progress of the procedure for establishing the merits of the case.
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+1
P95
2. Should any proceedings arise from the protected disclosure, findings referring to a person specifically by name may not be made, unless that person has had the opportunity to put forward their comments.
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Chapter III
PROTECTION AGAINST REPRISAL FOR MAKING PROTECTED DISCLOSURES OF INFORMATION
Article 13
Exemptions from criminal and civil proceedings and disciplinary measures
P96
Whistle-blowers who have made a protected disclosure, in accordance with Articles 4 to 8 shall not be subject to:
a. Criminal proceedings related to the protected disclosure, including but not limited to prosecution for the disclosure of classified information, trade secrets or otherwise confidential information; or
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P97
b. Civil proceedings related to the protected disclosure of classified information, trade secrets or otherwise confidential information, including but not limited to attempts to claim damages and defamation proceedings, data protection and intellectual property rights; or
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P98
c. Disciplinary and other administrative measures as a consequence of the protected disclosure.
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Article 14
Prohibition of Other Forms of Reprisal
P99
1. Member States shall establish and implement the prohibition of other administrative and disciplinary measures taken in retaliation to the disclosure.
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