12. (1) Where an employee seeks to make a disclosure in relation to a matter that would prejudice the national security, defence or international relations of Jamaica, the disclosure shall be made to either the Minister with portfolio responsibility for that subject matter or the Prime Minister or to both.
(2) The Prime Minister and each Minister referred to in subsection (1) shall establish and cause to be operated procedures for receiving, investigating or otherwise dealing with disclosures made under subsection (1).
20. A disclosure may contain classified information.
Any information classified within the meaning of legislation governing the confidentiality of information shall be deemed classified information referred to in paragraph 1 of this Article.
Where a disclosure contains classified information, the whistleblower shall be required to first make such disclosure to the employer; where a disclosure pertains to a person authorized to act upon such disclosure, the disclosure shall be made to the chief officer of the employer.
Where the employer has failed to act upon a disclosure made by the whistleblower that contains classified information within 15 days, or failed to take appropriate action from within its remit, the whistleblower may contact a competent authority.
Notwithstanding paragraph 3 of this Article, where a disclosure pertains to the chief officer of the employer, such disclosure shall be made to a competent authority.
Where a disclosure contains classified information, the whistleblower may not disclose it to the public at large unless otherwise regulated.
Where a disclosure contains classified information, the whistleblower and other persons shall be required to comply with general and specific measures for the protection of classified information stipulated by the law governing the confidentiality of information.
Referenced Legislation: Protected Disclosures Act (2011)