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09.07.2019

Linards Birznieks: Aspects of the processing of personal data pursuant to the Whistleblowing Law

The Whistleblowing Law, which entered into force on 1 May 2019, requires that legal persons governed by private law, which have more than 50 employees, set up their internal whistleblowing systems. The author of the article will examine aspects of the processing of personal data to be considered by legal persons governed by private law in implementing their internal whistleblowing systems to ensure conformity with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter – the GDPR).

Information to be provided by data subjects

Article 6 of the Whistleblowing Law lays down that applications filed by employees may not be anonymous; otherwise, applications will not be recognized as whistleblower’s reports. The applicant must provide the following personal data: name, surname, contact details, information about the violation in question, which may also include information about other natural persons involved in or related to the alleged violation. Without doubt, personal data of persons concerned are processed during the consideration of whistleblower’s reports, and legal persons governed by private law, which must implement their internal whistleblowing systems, are regarded as controllers with respect to these personal data.

The duties of public authorities and legal persons governed by private law are not clearly segregated by the Whistleblowing Law. The protection of the identity of whistleblowers is an essential protection tool, which requires the pseudonymisation of whistleblowers’ personal data by both public authorities and legal persons governed by private law.

The full text of the article is available in the magazine Jurista Vārds, 18 June 2019, No 24 (1082); or HERE.

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