Whistleblower - Whistleblower is anyone who makes a good...

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Whistleblower is anyone who makes a good faith effort to disclose information about “improper governmental activities” or about significant threats to public health and safety. Whistleblowers can be faculty or staff, applicants for employment,students, patients, vendors, contractors, and the general public. Whistleblower Process The Basics The term "whistleblower" describes an individual who exposes the wrongdoing of another individual or employer in a public manner. It can can range from simple unethical practices to breaking the law. Corruption, public safety violations and fraud are other examples of wrongdoings revealed by whistleblowers. Types A whistleblower can reveal information in one of two ways. He can go to someone higher up at a company. This is called an "internal" whistleblower. Many times internal whistleblowers report to a superior, which allows them to remain anonymous. Doing so can shield them from any retaliation from coworkers. They can also take it to a public forum by going to the media or law enforcement agencies. This is called an "external" whistleblower. External whistleblowers reveal their information to anyone outside of the general situation--this includes lawyers and any type of relevant federal agency. The situation is then generally resolved externally. Protection A number of federal laws are in place that legally protect whistleblowers from any kind of retaliation. It is typical for a person to fear retaliation in the form of violence, discrimination or even legal action if they report someone for doing something wrong. These protection laws include the Sarbanes-Oxley Act, which was passed by the Senate Judiciary Committee in 2002. These acts can give people an incentive to report wrongdoings, knowing that they'll be protected once they do so. It is important to note that there are still certain cases where whistleblowers are not protected. In the case of Garcetti v. Ceballos, the U.S. Supreme Court ruled that government employees were in no way protected from employer retaliation for being a whistleblower. The justices cited the First Amendment of the Constitution in their judgment. Examples One famous example of a whistleblower is Linda Tripp, who made it publicly known that Monica Lewinsky and Bill Clinton both committed perjury in reference to their alleged affair during the late 1990s. The Working Party identifies specific ways to develop a whistleblower process, taking into account EU data protection requirements such as: adequacy; relevancy; limiting collection of
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data to the purpose it is collected or processed; and accuracy. The Working Party recommends that companies consider the following when developing or using a whistleblower process: • Limit the number of individuals entitled to report misconduct through a hotline; • Limit the number of persons who may be reported through a hotline; • Discourage anonymous reports, instead treat reports and the persons making reports as confidential; • Limit data collected and processed in connection with reports and investigations to facts
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This note was uploaded on 04/19/2010 for the course AKT AKT01 taught by Professor Juleha during the Spring '10 term at Universitas Gadjah Mada.

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Whistleblower - Whistleblower is anyone who makes a good...

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