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P50

For the purposes of this Directive, the following definitions shall apply:

a. 'whistle-blower' meansany worker or contractor who discloses, attempts to, or is perceived to disclose information or supporting evidence that is in the public interest or that is related to a threat or prejudice to the public interest, of which he or she has become aware in the context of his or her work-based relationship;

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mkapardis@gmail.com 18.08.2016 - 17:17
Disclose information to whom? Internally, externally, the media, the authorities? What if an employee/ contractor/intern has signed a confidentiality agreement?
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PamBQ 24.08.2016 - 18:26
This is covered in Article 5 and also Articles 6, 7 and 8. If the information disclosed fits the definition of a protected disclosure, the confidentiality agreement is superseded. Or at least that's the intention!
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PamBQ 22.07.2016 - 15:52
There will always be some level of subjectivity, though we do provide in Article 4 a non-exhaustive list of exactly what kinds of disclosure we mean when we talk about the public interest. As for the fact that this is work-place related, this is a structural issue within this text which comes from the fact that we had to chose a specific EU legal basis which would give the EU the competence to act: we eventually chose the improvement of working conditions as the legal basis here, but we still believe that it would be better to combine more than one legal basis: the problem is that the other most obvious one, the protection of the internal market, would also not cover the bystander who witnesses a criminal action by a police officer. Apparently the European Parliament legal services are working to identify the right legal basis, or combinations of legal bases, in order to overcome this problem...
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Howard Whitton 08.07.2016 - 15:11
in the public interest or that is related to a threat or prejudice to the public interest,
This crucial clause is in my view completely unworkable as drafted. It has two main faults: it relies on a subjective judgment call by the WB as to what is "in the public interest or that is related to a threat or prejudice to the public interest"; and second it ties the disclosure to the WB's workplace. So, to take today's example, a bystander who witnesses a criminal action by a police officer would not be regarded as a WB...
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Rik van Steenbergen 02.06.2016 - 13:54
Maybe change 'worker or contractor' into 'worker, contractor or any other person'.