Germany prepares to put whistleblower protection into action

Germany is making a significant step towards transparency and accountability as the government prepares to implement its much-needed whistleblower protection act (HinSchG). This much-awaited legislation aims to safeguard and encourage individuals who speak out against wrongdoing and corruption. In the past few weeks, the German government has published a draft regulation on how the new federal reporting office should be organised. This will be an essential part of Germany’s new whistleblowing structures and we have some criticisms to make about what is being proposed.

Ensuring Robust Anonymous Reporting Channels

The draft regulation takes a real step forward by including provision for anonymous whistleblower reports. This is something we have recommended for a long time - anonymous reporting is crucial for empowering individuals to come forward without fear of reprisals. However, we believe that the new German proposals would be stronger with an explicit recommendation for the use of technological solution to facilitate anonymous reports, something which is implied not not said outright in the text as it stands.

Germany would not be an outlier in mandating an anonymous dropbox for whistleblowing reports. As we outlined in our 2021 report on Expanding Anonymous Tipping Technology in Europe, an increasing number of European public authorities are successfully using anonymous dropboxes. including Germany's own financial regulator BaFin, which has been using an anonymous online dropbox since 2017..

Providing Comprehensive Information on Protections

Whistleblower protections need to be visible in order to work properly - whistleblowers can’t make use of reporting channels and protections if they don’t know what their options are. The German regulation makes the new federal reporting office the place whistleblowers can go to for advice on their rights. We ethink the regulation falls short in explicitly obligating the Reporting Office to provide detailed information on the extent of protections under § 32 HinSchG, by not making sure whistleblowers know about their right to go public about their concerns.

Under the EU Directive, which HinSchG implements, whistleblowers are protected if they make public disclosures if other kinds of reporting channels do not respond within certain deadlines, if the subject matter of the disclosure poses an immediate risk or if there is reason to believe that reporting channels would not work. It seems obvious that German whistleblowers should be able to expect to receive full information about their legal rights from the government agency empowered with protecting those rights.

Timely Implementation of Anonymous Reporting

Finally the draft regulation states that provisions for anonymous reports will have to wait for another year, with a deadline of 1 July 2024 for a suitable channel to be designed and implemented. While we understand the need for careful planning, we believe this postponement is not justified.

Anonymous dropboxes are a proven, mature technology, effectively used across various sectors, including public administration, business, civil society and the media.

By enabling anonymous reporting without undue delay, Germany's external reporting agencies can and should promptly address reported issues and instill a sense of security in potential whistleblowers.

As the German government takes commendable steps towards whistleblower protection, Blueprint for Free Speech appreciates the progress made in fostering transparency and accountability. We recognize the significance of the new whistleblower protection act in empowering individuals to expose corruption and misconduct.

However, to ensure the utmost effectiveness of the act and the external reporting office, we urge the government to address the three critical points mentioned above. By explicitly endorsing technological solutions for anonymous reporting, providing comprehensive information on protections, and ensuring timely implementation, Germany can lead by example in championing transparency and safeguarding the rights of whistleblowers.

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