Irish government should scrap trade secrets amendment that could criminalise whistleblowing

 

‘Ireland had the strongest whistleblower law in the EU and had inspired reform with its legislation around the world. It looks like the government has broken something that didn’t need to be fixed. Irish whistleblowers, business and the Irish public will be the real losers here.’

Anna Myers
Whistleblowing International Network (WIN)

04/07/2018 WIN Director Anna Myers has joined several expert organisations, legal advisors and practitioners in signing a letter from Transparency International Ireland urging the Irish Government to amend the EU Protection of Trade Secrets Regulation (SI 188) on the basis of its creation of a new test for whistleblowers. Unlike the existing Protected Disclosures Act 2014 (PDA), SI 188 requires whistleblowers to demonstrate that their disclosure was motivated by a general public interest concern even if the disclosure is later deemed to be true, related to a criminal offence, or they reported it to their employer or the appropriate authorities.

Whilst the EU Trade Secrets Directive (passed in July 2016) is supposed to provide strong safeguards for intellectual property holders, there is no requirement in the Directive for any EU Member State to create an additional test for whistleblowers. Under the terms of the Irish proposals, whistleblowers reporting offences to the Office of the Director of Corporate Enforcement or to law enforcement will not only be required to show they believed a crime was or about to be committed but will also have to prove they were motivated to protect the general public interest in reporting the crime.

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