Data Protection “Whistleblowing” Legislative Decree Consultation 24/2023
The decree regulates the protection of individuals who report violations of national or European Union regulations that harm the public interest or the integrity of public administration or private entities, which they have become aware of in a public or private work context.
A fundamental corporate compliance tool through which employees (or customers and suppliers) of a company can report, in a confidential and protected manner, any irregularities encountered during their activities.
The actors in this system are:
–The Whistleblower who submits the report
–The Investigator who is responsible for handling the reports
In addition to the public sector and public administration-owned companies, compliance is required for private sector companies that have adopted the 231 model and all companies that had more than 50 employees in the previous year or belong to specific sectors.
The organizational models must provide for:
- One or more channels that allow the submission of well-founded reports of significant illegal conduct or violations of the model, which they have become aware of during their activities
- One or more alternative reporting channels suitable for ensuring, through IT methods, the confidentiality of the whistleblower’s identity
- The prohibition of retaliatory/discriminatory acts or sanctions against the whistleblower
- The involvement of the investigator in handling reports
- The establishment of adequate operational procedures.
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Freedom and Privacy are an integral part of human freedom
enshrined in the Universal Declaration of Human Rights.
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