Resources - Whistleblowing International Network

Case of Bruzas v Saxton (2018)

Bruzas v Saxton [2018] EWHC 1619 (Fam)

An interesting family law case from the High Court of England and Wales concerning whistleblowing and legal professional privilege. An example of how public interest information disclosures are grappled with outside of employment law or national whistleblowing protection claims.

For case analysis see here. An update on the case can be read here.

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Case of Guja v Moldova (2008)

Guja v Moldova, App no 14277/04 (ECtHR,12 February 2008)

An important case heard in the European Court of Human Rights which confirms that disclosing information of public interest during workplace whistleblowing can be an assertion of the Right to Freedom of Expression. In this case, the claimant being dismissed for disclosing evidence to the media was a breach of his right to disclose information to a third party under Article 10 of the European Convention of Human Rights.

The judgement is offically available in in French. Other translations can be found here.

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Case of Ramsay v Walker Snack Foods Ltd (2004)

Ramsay v Walker Snack Foods Ltd, UKEAT/0601/03/MAA (EAT, 13 February 2004)

Leading case in the UK on when and how an employer can protect the whistleblower’s identity when looking at serious allegations and the potential dismissal of an accused. In this case, three employees were dismissed having stolen money in crisp packets (inserted as part of a sales promotion). Case illustrates how the court has approached the competing interests of the accused’s right to a fair trial and the protection of the identity of the whistleblower. Further key case of Linfood Cash & Carry Ltd v Thomson [1989] IRLR 235 also referred to which established guidelines on how to maintain a balance between protecting the identity of the whistleblower and providing a fair hearing for the employee. These are also outlined in the Walkers case, confirming that even if these guidelines were not followed completely, an employer could still be reasonable in dismissing an employee based on anonymised statements from whistleblowers.

Note that these cases arise out of facts showing that the whistleblowers were too fearful of reprisals to be named. Precautions undertaken by the employer to protect identity included only having one person with whom all of the witnesses engaged (thus reducing the chance of identity being disclosed), limiting the availability of the witness evidence to those referred to in that evidence (where there are multiple individuals accused of wrongdoing), and redacting statements to reduce the chance that identity would be discovered.

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Case of Rubins v Latvia (2015)

Rubins v Latvia, App no 79040/12 (ECtHR, 1 June 2015)

This European Court of Human Rights judgment emphasises the importance of domestic courts when confronted with a whistleblowing claim, looking into the public interest element and the veracity of the allegations in question. The applicant, a university professor, expressed concerns in an email to management about shortcomings in the way the university was being run citing, among others, a State Audit Office report. He was subsequently dismissed having been accused by his employers of blackmail and making defamatory statements about them. In finding this sanction violated the applicant’s right to freedom of expression under Article 10 of the European Convention on Human Rights, the Court affirmed the need for employers to allow their workers to express legitimate concerns of the leadership without facing detriment for doing so.

Non-official translations of this judgment in other languages can be found here.

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Case of Tillack v Belguim (2007)

Tillack v Belguim App no 20477/05 (ECtHR, 27 November 2007)

This European Court of Human Rights judgement highlights the right not to reveal sources as protected and enforcable right, intergal to the human right to expression and information. The case strengthens journalistic source privilege and therefore whistleblowing protections. The claimant, a journalist reporting financial fraud, was arrested and had materials seized during property raids. This was held a breach of his rights under Article 10 of the European Convention of Human Rights as such action was not necessary in a democratic society, regardless of the conduct of sources (uncorroborated rumours of bribery).

The claimant was supported by the European Federation of Journalists.

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Caught between Conscience and Career

Caught between Conscience and Career: Exposing Abuse without Exposing your Identity (2019)

This survival guide from the Project on Government Oversight (POGO) in the US is intended to help and empower conscientious government employees when they encounter wrongdoing in the workplace. It includes guidance on protecting your identity, anonymity and the legal and practical implications of disclosing to the media.

POGO’s website has a dedicated whistleblowing resource guide for federal employee here.

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Clean as a Whistle Report

Clean as a whistle: a five step guide to better whistleblowing policy and practice (2019)

This major academic study outlines the findings of the largest piece of research on whistleblowing ever undertaken - Whistleblowing While They Work 2: Improbing managerial responses to whistleblowing in pulic and private sector organisations.

The project demonstrates the power of academic engagement in supporting public policy reforms. Its focus is on best practices for whistleblowing procedures, specifically welfare management of employees at risk of victimisation. In context of ground-breaking national whistleblowing legislation passing in Australia, the study outlines out key actions to advance policy reforms both in government and the private sector backed up with impressive qualitative data and analysis.

Further information on WWTW2 can be found here.

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Council of Europe Recommendations (2014)

CM/Rec(2014)7 of the Committee of Ministers to member States on the protection of whistleblowers (Adopted by the Committee of Ministers on 30 April 2014) and explanatory memorandum

Highly influential legal instrument from the Council of Europe which recommends effective frameworks to protect whistleblowers including clear principles and guidance for member States to review and reform national laws.

It is available in French and German here.

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Embracing Digitalisation: How to use ICT to strengthen Anti-Corruption

Embracing Digitalisation: How to use ICT to strengthen Anti-Corruption - a joint publication commisioned by the Anti-Corruption and Integrity Programme on behalf of the German Federal Ministry for Economic Cooperation and Development (2008)

Section 4.3 of this publication on leveraging technological developments for anti-corruption provides an overview of whistleblowing platforms including an analysis of the challenges of anonymous reporting and a case study on the Kenyan experience of using a BKMS software based system.

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European Union Directive on Whistleblower Protection (2019)

DIRECTIVE (EU) 2019 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of persons who report breaches of Union law

The EU Directive on whistleblower protection is considered the most ambitious whistleblowing protection legal reform project in the world. Its adoption exemplifies the success of impressive civil society cross-border collaboration and campaigning. It has far reaching impact on expanding and levelling the scope of the protections across 27 member states of the European Union.

Each member state must now transpose its provisions into national law to meet its minimum standards. Significant wide-scope national legislation will be required to protect whistleblowers, third parties and facilitators. It also introduces mandatory requirements on handling whistleblowing internally in both public bodies and private businesses.

It is available in the 24 official languages of the EU here.

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Improving the Protection of Whistleblowers all over Europe (2019)

Draft resolution and report was unanimously adopted by the Committee on Legal Affairs and Human Rights at the Council of Europe on 24 June 2019.

It outlines powerful supplementary recommendations to improve upon the provisions of the EU Directive on whistleblowing. These include the establishment of a network of national independent authorities and legal support funds for whistleblowers, the right of asylum for whistleblowers and the fostering of the civil society 'ecosytem.'

The explanatory memorandum also provides a concise outline of the relevant 'acquis' of the Council of Europe and the recent case law of the European Court of Human Rights.

The report is available in French.

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International Best Practices in Whistleblowing Policies

This publication from the Government Accountability Project entitled ‘International Best Practices in Whistleblowing Policies’ provides a checklist of 20 requirements of any whistleblower protection law.

From scope of coverage to personal accountability for whistleblower reprisals, each minimum standard is accompanied by a compilation of examples of best practices taken from national statute and intergovernmental organisational policies.

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Irish National Whistleblowing Protection Law (2014)

The Protected Disclosure Act 2014 No.14 of 2014

Considered the strongest national whistleblowing legislation in Europe. The PDA was passed in the Republic Ireland in 2014. Its provisions surpassed the previous leading law - the Public Interest Disclosure Act in the UK - with significant protections. It expanded the scope of wrongdoings to including misuse of public funds and introducing third party protections - section 13 provides for an action in ‘tort’ (civil law) for others who suffer detrimental treatment such as family members. There is no requirement for the whistleblower to be acting in good faith, but the law was later amended to include a public interest test when disclosing trade secrets.

A staturory review of the legislation was undertaken in 2018 can be found here.

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Open Government Guide

The Transparency & Accountablity Initiative's Open Government Guide

This 442 page interactive guide sets out practical and actionable recommendations to advance transparency, accountability and participation in government. Each topic is authored by a leading expert organisation in that field, including a chapter on whistleblowing protections contributed by WIN (see page 73.)

Its ‘illustrative commitments’ are phased from taking initial steps (review whistleblowing laws) to undertaking more advanced innovation (establish a public fund to support whistleblowers) and accompanied by comprehensive outlines of the relevant standards, guidance, and tools available.

It is also availabe in Spanish.

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Perugia Principles for Journalists

The Perguia Principles for Journalists: Working with Whistleblowers in the Digital Age (2018)

This publication from Blueprint for Free Speech provides the latest update on both source and whistleblower protections. It provides 12 concise principles for journalists facing working with whistleblowers in an age of complex digital systems from big data to mass surveillance. It sets out the principles as ethical obligations – with practical tips for their implementation.

It has been published in Russian, Greek, Spanish and German.

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Protecting Sources and Whistleblowers in a Digital Age

This report from the Institute of Advance Legal Studies summarises a research initiative which demonstrates the profound concerns of investigative journalists, media organisations, NGOs and lawyers for growing technological and legal vulnerabilities and weakening protections for confidential sources including whistleblowers.

It sets out 10 recommendations for policy action including a strong case to strengthen whistleblowing protection in light of the importance of public interest journalism.

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The Tshwane Principles

The Global Principles on National Security and the Right to Information (Tshwane Principles)

These 50 principles provide highly persuasive standards relevant to balancing the public’s right to information with a state's needs around keeping some information secret for legitimate national security purposes. The principles include guidance on the punishment of whistleblowers who disclosure classified information of high public interest.

Drafted by 17 organisations, 5 academic centres in consultation of 50 experts from more than 70 countries, they are a shining example of the effectiveness of cross-border civil society cooperation.

It is available in Arabic, Japanese, Spanish, German, French, and Portuguese.

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The UK Whistleblowing Commission Report (2013)

Report of the UK independent Whistleblowing Commission which looked at UK law and practice on whistleblowing and made recommendations for change. The Commission comprised industry and academic experts and was supported by the UK’s leading whistleblowing charity, Protect - formally Public Concern at Work. It sought evidence through a public consultation process, surveys with industry, and academic evidence of the experiences of whistleblowers.

The 25 recommendations include detailed provisions to amend the UK legal framework, the Public Interest Disclosure Act (‘PIDA’), as well as a Code of Practice providing practical guidance to organisations, workers and their representatives for raising, handling, training and reviewing whistleblowing in the workplace.

The Code of Practice can be found here.

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The UK Whistleblowing Commission Code of Practice

This Code of Practice provides practical guidance for reviewing workplace whistleblowing arrangements. It was developed by an Independent Whistleblowing Commission set up by the UK whistleblowing charity Protect (formally Public Concern at Work) in 2013.

It sets out 8 recommendations on raising, handling, training and reviewing whistleblowing in the workplace including key principles of any written policies and procedures.

The full report of the whistleblowing commission can be read here.

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Totem Project

Online digital security training for activists and journalists

Totem is an online platform that helps journalists and activists use digital security and privacy tools and
tactics more effectively in their work.

In collaboration with a global network of human rights activists and journalists, Totem courses and interactive materials are maintained with support from trainers who have developed some of the most effective training resources.

To quickly enroll in one of the digital security courses, go to the Totem online platform.

UN Report on the Protection of Whistleblowers and Sources

Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression to the UN General Assembly addressing the protection of whistleblowers and sources (2015).

This report of the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, David Kaye, addresses the protection of sources of information and whistle-blowers. It reviews national and international law, practice and norms, highlighting the central importance of whistleblowers disclosing information to the public to give right to that information and public participation in political affairs.

It makes several highly persuasive recommendations including the adoption and revision of national legal frameworks protecting whistleblowers and the establishment of personal liability for those who retaliate against sources and whistleblowers. Essential reading for any advocate looking to leverage human rights to advance whistleblowing protections.

It is available in French, Russian and Spanish.

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UNODC Resource Guide on Good Practices in the Protection of Reporting Persons

This comprehensive guide outlines the critical importance of whistleblowing protections in tackling corruption globally.

It sets out the keys elements of ‘good practices’ in whistleblowing protections - from revising national legal frameworks and institutional arrangements to the provision of individual help and advice and cross-country cooperation.

Available in French, Spanish, English and Arabic.

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UNESCO Briefing - Protecting Journalism Sources in the Digital Age

Part of UNESCO Series on Internet Freedom, this research report analyses international regulatory norms and regional instruments of human rights, highlighting the synergies between journalist source protections and whistleblowing.

It charts the trend of derogation of such rights in the digital era – from mass-surveillance to anti-terrorism - setting out an 11-point assessment tool for measuring effectiveness of legal source protections. It also provides a model universal framework which is useful to advocate for protections at a national level - Principle 11 explicity recognises that complementary whistleblowing legislation strengthens source protection laws.

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Serbian National Whistleblowing Protection Law (2014)

Law on the Protection of Whistleblowers (2014)

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Whistleblowing and Democratic Values (2011)

This academic ebook is a compilation of conference papers from the International Whistleblowing Research Network. Each chapter highlights an aspect the intersection between democratic values and whistleblowing in a wide range of topics including theoretical socio-political analysis of 'speaking up;' organisational culture; codes and measures to prevent workplace retaliation; the role of the ombuds system; analysis of the Bribery Act 2010 and the success of civil society campaigning for regulatory reforms in the UK.

The IWRN is run by the Whistleblowing Research Network. Further papers presented during their 2017 conference in Oslo and can be read here.

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Whistleblowing for Change (2008)

Whistleblowing for Change: The Social and Economic Costs and Benefits of Leaking and Whistleblowing (2008)

This detailed study examines whistleblowing and leaking in eight countries. It asks whistleblowing experts from civil society key questions regarding whistleblowing definitions, and the parameters of protections during the period of cross border collaboration and campaigning for the EU Directive on whistleblowing. The author also interviewed whistleblowers, asking them to detail their individual experiences, as well as other key actors including investigative journalists, compliance professionals and lawyers.

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Whistleblowing in the Security Sector

Whistleblowing in the Security Sector by Benjamin S.Buckland and Aidan Wills (2013)

This chapter on whistleblowing in the security sector provides an overview of whistleblowing procedures and protection in security sector organisations such as the police, security and intelligence agencies and the armed forces.

It argues for the development legal and institutional frameworks which promote and protect disclosure of public interest information and this is possible whilst also ensuring classified information is handled properly.

This is an except from the book Protection of Whistleblowers available in Serbian here.

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Working with Whistleblowers: A Guide for Journalists

This 2017 guide outlines critical tools for journalists to navigate the complexities of working with whistleblowers.

Developed by one of the most established and reliable centres of expertise on whistleblowing in the world – the Government Accountability Project – it draws on over 40 years experience of working ‘on the ground’ with whistleblowers and hopes to awaken awareness for the special care required when using their disclosures.

More resources from the Government Accountablity Project can be found here.

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Xnet, a case study (2019)

The article sets out Xnet’s work to develop democracy in the digital information age and to combat corruption in Spain. Xnet’s practical approach to develop and promote digital tools to allow people to securely report wrongdoing and actively participate in the fight against corruption in Spain was backed up by their legal advocacy to enshrine digital rights in law.

Xnet has kicked off the EU transposition process by being the first NGO to formally register a draft national whistleblower protection law that meets international best practice and ticks all the boxes of the EU Directive.

This article was featured in Issue 9 of the European Public Mosaic (EPuM) Open Journal on Public Service which focuses on institutional integrity.

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