INKOVEMA Podcast „Well through time“

#121 – Whistleblower Protection Act

What is the Whistleblower Protection Act about and what does it have to do with organisational mediation?

In conversation with Sebastian Steeck

Well through time. The podcast about mediation, conflict coaching and organisational consulting.

Introduction

Whistleblowers appear in the context of organisations, i.e. in companies and authorities, where they draw attention to wrongdoing that is not prevented or remedied despite conflicting laws. They are therefore naturally active in an area or at a time that is highly conflictual. The situations have many participants and opposing positions – typical of escalating conflict situations. And sometimes, paradoxically, the parties involved register identical interests and put forward arguments that can be bundled together for the good of the organisation – and form a good starting point for negotiation processes.

Mediation is often an obvious procedure here, but is also subject to the risk of abuse. It can lead the members and stakeholders of an organisation into constructive, confidential negotiation processes, but as a result of this confidentiality it can also be misused or at least misjudged as another destructive attempt at secrecy.

In this respect, the Whistleblower or Whistleblower Protection Act affects the applicability and implementation of organisational mediation – to a very considerable extent.

To the Whistleblower Protection Act (which has not yet been issued):

The Whistleblower Protection Act (HinSchG) is a law that protects employees who report violations of legal regulations or ethical principles by their employer. It is intended to ensure that whistleblowers are not disadvantaged or penalised if they disclose wrongdoing.

After being passed by the Bundestag (December 2021), the Whistleblower Protection Act was supposed to pass the Bundesrat in March. However, this failed. The Bundesrat rejected the law. It is currently being negotiated in the Mediation Committee. In principle, the Whistleblower Protection Act is an important step for the protection of whistleblowers in Germany and will help to improve transparency and accountability in companies and organisations. The law will presumably apply to all companies with more than 50 employees and to authorities at federal and state level. However, this is precisely where current points of contention lie for the legislative bodies. The Whistleblower Protection Act protects whistleblowers who report violations of laws and regulations relating to public safety and health, environmental protection, consumer protection, financial and tax regulations, occupational health and safety and other statutory regulations.

The Whistleblower Protection Act stipulates that employers must Set up internal signalling channels to ensure that whistleblowers can report their concerns and issues in a protected environment. These internal reporting channels should provide a confidential, secure and easily accessible way for whistleblowers to report violations of laws and regulations. In addition, employers must inform whistleblowers of their rights under the Whistleblower Protection Act and protect them from victimisation and retaliation.

Internal channels can also be authorised external persons or companies, i.e. they do not have to be active as employees of the companies. This is practicable and familiar from the figure of the data protection officer.

The Whistleblower Protection Act also obliges employers to Appropriate investigation of the reported violations and to take appropriate measures to remedy violations. If an employer takes measures to penalise or punish the whistleblower, the whistleblower can take protective measures, such as initiating legal proceedings or applying for an injunction.

Whistleblowers also have the right to contact External authorities if they believe that their internal reports would not or have not been handled appropriately or if they believe that they have been retaliated against. The external authorities must ensure that the identity of the whistleblower remains protected and that no retaliatory measures are taken against the whistleblower.

Whistleblowers and whistleblowers

Whistleblowers are people who disclose internal knowledge about illegal, immoral or unethical activities in companies or government organisations. They may collect internal documents, emails, video or audio recordings, or other evidence and pass it on to the media, regulatory authorities or the public.

Whistleblowers have often paid a high price for their revelations, including the loss of their job, social isolation and even legal persecution. Nevertheless, they have played an important role in history by helping to expose corruption, abuse and malpractice in various areas.

An example of one of the most famous whistleblowers in history is Edward Snowdenthe former NSA contractor who leaked documents about mass surveillance by the NSA and other US intelligence agencies to journalists. Snowden's revelations have caused a worldwide sensation and triggered a global debate about the limits of surveillance and data protection.

Another historical example of whistleblowers is Karen Silkwood, an American nuclear worker who fought for safety at a plutonium plant and later advocated for the safety and health of workers at the facility. Silkwood was eventually killed in a mysterious car accident that led many to believe it was a murder to silence her.

Experience has shown that in many cases whistleblowers can experience a high degree of isolation and headwinds, as many employers and government agencies will try to silence or discredit them. This can lead to considerable stress and emotional strain for the whistleblower.

There are various initiatives and laws to better protect whistleblowers, such as the Whistleblower Protection Act in Germany and the Whistleblower Protection Act in the USA. These laws are designed to ensure that whistleblowers can report their concerns without fear of retaliation from their employer or the government. Overall, whistleblowers have played an important role in exposing corruption, abuse and wrongdoing in companies and government organisations. Without them, it would be more difficult to hold those responsible to account and remedy wrongdoing. It is therefore important that their work and protection continue to be supported and strengthened.

On the other hand, it seems appropriate to note that the figure of the whistleblower fulfils a deep-seated need of modern man, who believes he is facing unknown forces in a confusing world. Whistleblowers are in the tradition of David vs. Goliath, Robin Hoods and similar lone heroes who have set their sights on the impossible for the many individuals: Edward Snowden and the propaganda based on him may be just as exemplary of these effects.