The public interest disclosure/whistleblower report - AJBH-EN
The public interest disclosure/whistleblower report
According to Act XXV of 2023 on Complaints, Disclosures in Public Interest, and Related Rules on Reporting Abuses (Complaints Act) a public interest disclosure draws attention to a circumstance the remedying or discontinuation of which is in the interest of the community or the whole society. A public interest disclosure may also contain a proposal.
As of 1 January 2014, it is the duty of the Commissioner for Fundamental Rights to establish and operate an electronic system handling and registering public interest disclosures (whistleblower reports).
When submitting a public interest report via the secure electronic system, the whistleblower must specify his/her name and address, but he/she may request anonymity, i.e., that his/her personal data only be accessible to the Commissioner of Fundamental Rights and his office. If it becomes obvious that the whistleblower acted in bad faith, and this leads to a crime or a violation of rights; or this has caused damage or a violation of rights to others, their data may be transferred to the body or person authorized to initiate or conduct the relevant procedure.
The Commissioner of Fundamental Rights Office forwards the public interest disclosure/report and its attachments – if requested, an extract without personal data – to the competent authority for inquiry within 8 days.
Public interest disclosures shall be assessed within thirty days after their receipt by the body entitled to proceed. The competent authority records the information about the measures taken during the investigation into the electronic system, of which - upon request - the Office of the Commissioner for Fundamental Rights (hereinafter: OCFR) also informs the whistleblower by mail.
If the investigation is expected to last longer than thirty days, the whistleblower shall be informed thereof, in which notification the expected date by which the public interest disclosure will be assessed, as well as the reasons for the prolonged investigation will also be specified.
The Commissioner for Fundamental Rights shall disclose on the internet a brief summary of the substance of the case, excluding personal and institutional data, and the status of each public interest disclosure submitted through the electronic system, by their unique identification number. When a case has been closed, the name of the body involved in the public interest disclosure and, if different, the name of the body entitled to proceed shall also be disclosed.
The Commissioner for Fundamental Rights shall inquire into the practices of competent authorities handling public interest disclosures, as well as into the proper handling of certain public interest disclosures upon request.
A whistleblower may submit a petition requesting the Commissioner for Fundamental Rights to remedy a perceived impropriety if
When submitting a public interest report via the secure electronic system, the whistleblower must specify his/her name and address, but he/she may request anonymity, i.e., that his/her personal data only be accessible to the Commissioner of Fundamental Rights and his office. If it becomes obvious that the whistleblower acted in bad faith, and this leads to a crime or a violation of rights; or this has caused damage or a violation of rights to others, their data may be transferred to the body or person authorized to initiate or conduct the relevant procedure.
The Commissioner of Fundamental Rights Office forwards the public interest disclosure/report and its attachments – if requested, an extract without personal data – to the competent authority for inquiry within 8 days.
Public interest disclosures shall be assessed within thirty days after their receipt by the body entitled to proceed. The competent authority records the information about the measures taken during the investigation into the electronic system, of which - upon request - the Office of the Commissioner for Fundamental Rights (hereinafter: OCFR) also informs the whistleblower by mail.
If the investigation is expected to last longer than thirty days, the whistleblower shall be informed thereof, in which notification the expected date by which the public interest disclosure will be assessed, as well as the reasons for the prolonged investigation will also be specified.
The Commissioner for Fundamental Rights shall disclose on the internet a brief summary of the substance of the case, excluding personal and institutional data, and the status of each public interest disclosure submitted through the electronic system, by their unique identification number. When a case has been closed, the name of the body involved in the public interest disclosure and, if different, the name of the body entitled to proceed shall also be disclosed.
The Commissioner for Fundamental Rights shall inquire into the practices of competent authorities handling public interest disclosures, as well as into the proper handling of certain public interest disclosures upon request.
A whistleblower may submit a petition requesting the Commissioner for Fundamental Rights to remedy a perceived impropriety if
- a public interest disclosure is qualified as unfounded by the competent authority,
- the whistleblower does not agree with the conclusions of the inquiry,
- according to the whistleblower, the competent authority has failed to conduct a comprehensive inquiry into a public interest disclosure.
With the exception of a whistleblower who provides false key information in bad faith, a whistleblower shall qualify to be at risk if the disadvantages threatening him or her as a result of the public interest disclosure that he or she made are likely to seriously endanger his or her life circumstances.