Protected Disclosure
What does protected disclosure mean?
Protected disclosure refers to a report made by a worker (or other eligible individual) about suspected wrongdoing, typically within an organization, that is protected by law from retaliation. The term is widely used in the context of whistleblowing legislation, where individuals who expose illegal, unethical, or harmful behavior are granted certain legal protections.
How does protected disclosure work?
To qualify as a protected disclosure, the report generally must meet specific criteria set by law, such as:
- It must relate to a matter of public interest (e.g., fraud, corruption, threats to health and safety).
- It must be made in good faith.
- It must be made through appropriate channels (e.g., internal compliance officer, regulatory body, or in some cases, publicly).
The exact requirements vary by jurisdiction, but most whistleblower laws define when a disclosure is considered "protected," meaning the whistleblower cannot be lawfully subjected to retaliation, such as dismissal, demotion, harassment, or discrimination.
FAQs about protected disclosure
Usually employees, contractors, trainees, or other persons affiliated with the organization can make a protected disclosure, depending on local laws.
Legal protection against retaliation, confidentiality of identity, and in some cases, compensation for losses resulting from retaliation.
It depends on the law. Some jurisdictions allow anonymous disclosures to be protected, while others require the whistleblower to be identifiable.
Sometimes, but typically only after internal and regulatory reporting channels have been exhausted or are proven ineffective.
Most laws exclude malicious or knowingly false reports from protection and may impose penalties on the reporter.