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DATA PROTECTION

European Data Protection Supervisor: Data protection and Whistleblowing in the EU Institutions.

Confidentiality is the most effective incentive to encourage staff to report wrongdoing at work said the European Data Protection Supervisor (EDPS) today as he published his Guidelines on Whistleblowing Procedures.

Corruption can harm the economy and undermine the trust of citizens in public institutions. Whistleblowing plays a key role in the public interest but while it may help the institution to uncover serious wrongdoing, it is not always in the best interests of the whistleblower.

EU institutions and bodies are obliged by the EU Staff Regulations to have clear whistleblowing procedures in place. The Staff Regulations also oblige officials who become aware of possible illegal activity to report it without delay. Unfortunately people tend to be reluctant to do so and often fear retaliation.
The most effective way to encourage staff to report serious concerns is to ensure that their identity will be protected. Special care must be taken over technical and organisational measures so that the risks of leaking information are reduced and data security is ensured in all whistleblowing cases.

The EDPS Guidelines are designed to help EU institutions and bodies prepare and implement their whistleblowing procedures so that they comply with the obligations set out in the data protection Regulation (REG 45/2001) applicable to the EU administration. In particular, the Guidelines recommend how EU bodies define safe channels for staff to report fraud, ensure the confidentiality of information received and protect the identities of the whistleblower, the accused and anyone else connected to the case.

These guidelines build on the years of practical experience through the EDPS' supervision work, on previous EDPS decisions and Opinions (on administrative consultations, prior checks and complaints). The Guidelines also take into account feedback from Data Protection Officers in the EU institutions, who were consulted so that the Guidelines could be tailored to work effectively in practice.

The EDPS Guidelines address the whistleblowing procedures in EU Institutions and bodies, prior to any investigation by the European Anti-Fraud Office (OLAF).

(Source: Web site EDPS – Press Release - Ownership of the contents: European data Protection Supervisor).
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