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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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<< Previous paragraphs
P100
2. Prohibited forms of reprisal include any act, threat or cover up of act, or omission as defined in Article 3 of this Directive.
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P101
3. Action taken against individuals other than the person making the disclosure may constitute prohibited reprisal.
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P102
4. If a public authority takes any action adverse to any person, the authority bears the burden of demonstrating that the action was unrelated to the protected disclosure.
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Article 15
No Waiver of Rights and Remedies
P103
1. The rights and remedies provided for under this Directive may not be waived or limited by any agreement, policy, form or condition of employment, including by any pre-dispute arbitration agreement.
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P104
2. Any attempt to waive or limit these rights and remedies shall be considered void.
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Article 16
Protection of Confidentiality
P105
- Member States shall ensure confidentiality throughout the disclosure procedure and ensure that a person to whom a protected disclosure is made, and any person to whom a protected disclosure is referred to in the performance of that person’s duties, shall not disclose to another person any information that might identify the person by whom the protected disclosure was made.
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P106
- An exception to the obligation of confidentiality of paragraph (1) applies if the whistle-blower consents to the disclosure to another person.
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P107
- An exception to the obligation of confidentiality of paragraph (1) may apply if a person to whom a protected disclosure is made or referred to receives it in error, solely in order to refer the relevant information to the competent recipient.
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P108
4. An exception to the obligation of confidentiality of paragraph (1) may apply if the person to whom the protected disclosure was made or referred to reasonably believes that the disclosure of the information is necessary for:
(i) The effective investigation of the relevant wrongdoing concerned;
(ii) The prevention of serious risk to the security of the State, public health, public safety or the environment; or
(iii) The prevention of a crime or for the prosecution of a criminal offence.
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P109
- A failure to comply with paragraph (1) is actionable by the whistle-blower in case of any loss or damage caused by the failure to comply.
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Chapter IV
Disclosure of Protected information
Article 17
Trade Secrets
P110
Protected disclosure extends to the disclosure, made in accordance with this Directive, of trade secrets as defined by the Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure.
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Article 18
National security, Official Secrets and other classified information
P111
1. Where a disclosure concerns matters of national security, official or military secrets, or classified information, disclosure shall be made to an autonomous oversight body that is institutionally and operationally independent from the security sector, and which has the appropriate security clearance.
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P112
2. Protection shall be granted to whistle-blowers informing the public only after they have notified the competent authority as defined above.
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