Activities of Elly SCHLEIN related to 2018/0106(COD)
Plenary speeches (1)
Protection of persons reporting on breaches of Union law (debate) IT
Amendments (44)
Amendment 33 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of persons reporting on breaches of Union lawlaw, misconduct or wrongdoing
Amendment 47 #
Proposal for a directive
Recital 3
Recital 3
(3) In certain policy areas, breaches of Union law may cause serious harm to the public interest, in the sense of creating significant risks for the welfare of society. Where weaknesses of enforcement have been identified in those areas, and whistleblowers are in a privileged position to disclose breaches, it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective reporting channelsIf whistleblowers make a disclosure in the public interest, their effective protection from retaliation must be insured and effective internal and external reporting channels must be introduced.
Amendment 54 #
Proposal for a directive
Recital 5
Recital 5
(5) Accordingly, common minimum standards ensuring effective whistleblower protection should apply in those acts and policy areas where i) there is a need to strengthen enforcement; ii) under- reporting by whistleblowers is a key factor affecting enforcement, and iii) breaches of Union law cause serious harm to the public interestall Union and national laws and areas.
Amendment 63 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18 a) Whistleblowers who report misconduct and violations of labour and social law are key to ensuring safe and just workplaces. Breaches of rules in an organisation that are reported by persons who work or worked there or by persons who were in contact with it, shall be ensured full protection under this regulation.
Amendment 73 #
Proposal for a directive
Recital 22
Recital 22
(22) Persons who report information about threats or harm to the public interest obtained in the context of their work- related activities make use of their right to freedom of expression. The right to fFreedom of expression, is essential in a democratic society. and enshrined in Article 11 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and in Article 10 of the European Convention on Human Rights (ECHR), encompasses media freedom and pluralism.
Amendment 100 #
Proposal for a directive
Recital 34
Recital 34
(34) It is for the Member States to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this Directive. These may be regulatory or supervisory bodies in the areas concerned, law enforcement agencies, anti-corruption bodies and ombudsmen. The authorities designated as competent shall have the necessary capacities and powers to assess the accuracy of the allegations made in the report and to address the breaches reported, including by launching an investigation, prosecution or action for recovery of funds, or other appropriate remedial action, in accordance with their mandate. The staff serving in those agencies shall be specialized and have proper training and formation including on European and national data protection legislation.
Amendment 119 #
Proposal for a directive
Recital 48
Recital 48
(48) Effective detection and prevention of breaches of Union law requires ensuring that potential whistleblowers can easily, andonymously or in full confidentiality, bring the information they possess to the attention of the relevant competent authorities which are able to investigate and to remedy the problem, where possible.
Amendment 133 #
Proposal for a directive
Recital 62
Recital 62
(62) As a rule, rReporting persons shouldcan first use the internal channels at their disposal and report to their employer. However, it may be the case that internal channels do not exist (in case of entities which are not under an obligation to establish such channels by virtue of this Directive or applicable national law) or that their use is not mandatory (which may be the case for persons who are not in an employment relationship), or that they were used but did not function properly (for instance the report was not dealt with diligently or within a reasonable timeframe, or no action was taken to address the breach of law despite the positive results of the enquiry).
Amendment 135 #
Proposal for a directive
Recital 63
Recital 63
(63) In other cases, internal channels could not reasonably be expected to function properly, for instance, where the reporting persons have valid reasons to believe that they would suffer retaliation in connection with the reporting; that their confidentiality would not be protected or their anonymous report would not be investigated; that the ultimate responsibility holder within the work- related context is involved in the breach; that the breach might be concealed; that evidence may be concealed or destroyed; that the effectiveness of investigative actions by competent authorities might be jeopardised or that urgent action is required (for instance because of an imminent risk of a substantial and specific danger to the life, health and safety of persons, or to the environment. In all such cases, persons reporting externally to the competent authorities and, where relevant, to bodies, offices or agencies of the Union shall be protected and anonymous reports shall be investigated upon, if well evidenced. Moreover, protection is also to be granted in cases where Union legislation allows for the reporting person to report directly to the competent national authorities or bodies, offices or agencies of the Union, for example in the context of fraud against the Union budget, prevention and detection of money laundering and terrorist financing or in the area of financial services.
Amendment 137 #
Proposal for a directive
Recital 64
Recital 64
(64) Persons making a public disclosure directly should also qualify for protection where the public has an overriding interest in being informed directly or in cases where a breach remains unaddressed (for example, it was not properly assessed or investigated or no remedial action was taken) despite having been reported internally and/or externally following a tiered use of available channels; or in cases where reporting persons have valid reasons to believe that there is collusion between the perpetrator of the breach and the competent authority is reasonably suspected , that evidence may be concealed or destroyed, or that the effectiveness of investigative actions by competent authorities might be jeopardised; or in cases of imminent and manifest danger for the public interest, or where there is a risk of irreversible damage, including, inter alia, harm to physical integrity.
Amendment 143 #
Proposal for a directive
Recital 71
Recital 71
(71) Beyond an explicit prohibition of retaliation provided in law, it is crucial that reporting persons who do suffer retaliation have access to legal remedies. The appropriate remedy in each case will be determined by the kind of retaliation suffered. It may take the form of actions for reinstatement (for instance, in case of dismissal, transfer or demotion, or of withholding of training or promotion) or for restauration of a cancelled permit, licence or contract; compensation for actual and future financial losses (for lost past wages, but also for future loss of income, costs linked to a change of occupation); compensation for other economic damage such as legal expenses and costs of medical and psychological treatment, and for intangible damage (pain and suffering).
Amendment 156 #
Proposal for a directive
Recital 84
Recital 84
(84) The objective of this Directive, namely to strengthen enforcement in certain policy areas and acts where misconduct or wrongdoing or breaches of Union law can cause serious harm to the public interest through effective whistleblower protection, cannot be sufficiently achieved by the Member States acting alone or in an uncoordinated manner, but can rather be better achieved by Union action providing minimum standards of harmonisation on whistleblower protection. Moreover, only Union action can provide coherence and align the existing Union rules on whistleblower protection. Therefore, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective.
Amendment 161 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to enhancing the enforcement of Union as well as national law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the followingmisconduct of public interest, unlawful activities or abuse of law:
Amendment 166 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
Amendment 186 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
a) persons having or have had the status of worker, with the meaning of Article 45 TFEU, including persons having the status of civil servants;
Amendment 193 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 (new)
Article 2 – paragraph 1 – subparagraph 1 (new)
e) persons who are or were in contact with organisations.
Amendment 210 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘abuse of law’ means acts or omissions falling within the scope of Union law which do not appear to be unlawful in formal terms but defeat, or distort, the object or the purpose pursued by the applicable rules;
Amendment 227 #
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting which occurs in a work-related context and causes or may cause unjustified detriment to the reporting person;
Amendment 241 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
a) channels for receiving the reports which are designed, set up and operated in a manner that ensures the confidentiality of the identity of the reporting person, allows for anonymous disclosures through the use of appropriate IT systems and prevents access to non-authorised staff members;
Amendment 246 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
d) a reasonable timeframe, not exceeding three month60 days following the report, to provide feedback to the reporting person about the follow-up to the report;
Amendment 248 #
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
e) clear, transparent and easily accessible information regarding the procedures and information on how and under what conditions reports can be made externally to competent authorities pursuant to Article 13(2) and, where relevant, to bodies, offices or agencies of the Union.
Amendment 252 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) written reports in electronic or paper format and/or oral report through telephone lines, whether recorded or unrecorded, including options for anonymous disclosures, as well as disclosures employing cryptographic methods;
Amendment 253 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a a (new)
Article 5 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) oral report through telephone lines, whether recorded or unrecorded;
Amendment 256 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall designate the authorities competent to receive and handle reports. This includes designating specific, independent competent authorities entitled to receive and proceed reports on classified or sensitive information.
Amendment 260 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
a) establish independent and autonomous external reporting channels, which are both secure and, ensure confidentiality and allow for anonymous disclosures, for receiving and handlprocessing information provided by the reporting person;
Amendment 263 #
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
b) give feedback to the reporting person about the follow-up of the report within a reasonable timeframe not exceeding three month60 days or six120 months in duly justified cases;
Amendment 264 #
Proposal for a directive
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
c) transmit, while further ensuring confidentiality and/or anonymity of the reporting person, the information contained in the report to competent bodies, offices or agencies of the Union, as appropriate, for further investigation, where provided for under national or Union law.
Amendment 268 #
Proposal for a directive
Article 7 – title
Article 7 – title
7 DesignStructure and functioning of external reporting channels
Amendment 272 #
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
a) written report in electronic or paper format, including options for anonymous disclosures, as well as disclosures employing cryptographic methods;
Amendment 279 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
b) a reasonable timeframe, not exceeding three months or six month60 days or 120 days in duly justified cases, for giving feed-backupdates to the reporting person about the follow-up of the report andon the actual and forthcoming status as well as a description of the typeform and content of this feed-back;
Amendment 284 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
c) the confidentiality regimemeasures applicable to reports, including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed.
Amendment 286 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The detailed description referred to in point (c) of paragraph 1 shall include the exceptional cases in which confidentiality of personal data may not be ensurbe breached, including where the disclosure of data is a necessary and proportionate obligation required under Union or national law in the context of investigations or subsequent judicial proceedings or to safeguard the freedoms of others including the right of defence of the concerned person, and in each case subject to appropriate safeguards under such laws.
Amendment 304 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 a (new)
Article 11 – paragraph 5 – subparagraph 1 a (new)
If the circumstances described in the point (c) of paragraph 1 of Article 9 take place, the competent authority shall send to the reporting person a justification in written form, on which grounds the competent authority believes that the confidential data should be disclosed. The competent authority shall offer the possibility to the reporting person to check, rectify and agree if these circumstances take place.
Amendment 311 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 321 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. A person reporting to relevant bodies, offices, elected officials or agencies of the Union on breaches falling within the scope of this Directive shall qualify for protection as laid down in this Directive under the same conditions as a person who reported externally in accordance with the conditions set out in paragraph 21).
Amendment 325 #
Proposal for a directive
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. A person making a publicly disclosing informationure on breaches falling within the scope of this Directive shall qualify for protection under this Directive where any of the following are met:
Amendment 329 #
Proposal for a directive
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
a) he or she first reported internally and/or externally in accordance with Chapters II and III and paragraph 21 of this Article, but no appropriate action was taken in response to the report within the timeframe referred to in Articles 5(1)(d)6(2)(b) and 9(1)(b); or
Amendment 332 #
Proposal for a directive
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
b) he or she could not reasonably be expected to use internal and/or external reporting channels due to imminent or manifest danger for the public interest, urgent threat to public health, safety or the environment or to the particular circumstances of the case, or where there is a risk of irreversible damage.;
Amendment 334 #
Proposal for a directive
Article 13 – paragraph 4 – point b a (new)
Article 13 – paragraph 4 – point b a (new)
b a) internal or external reporting channels were not available for the reporting person or the reporting person could not reasonably be expected to be aware of the availability of such channels;
Amendment 337 #
Proposal for a directive
Article 13 – paragraph 4 – point b b (new)
Article 13 – paragraph 4 – point b b (new)
b b) he or she could not reasonably be expected to use internal or external reporting channels in light of the subject- matter of the report;
Amendment 338 #
Proposal for a directive
Article 13 – paragraph 4 – point b c (new)
Article 13 – paragraph 4 – point b c (new)
b c) he or she had reasonable grounds to believe that the use of internal and external reporting channels could jeopardise the effectiveness of investigative actions by competent authorities.
Amendment 345 #
Proposal for a directive
Article 14 – paragraph 1 – point g
Article 14 – paragraph 1 – point g
g) coercion, intimidation, harassment or ostracism at the workplace;
Amendment 349 #
Proposal for a directive
Article 14 – paragraph 1 – point n a (new)
Article 14 – paragraph 1 – point n a (new)
n a) legal actions aimed to shut down critical speech by intimidating critics into silence and draining their resources.
Amendment 382 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Any processing of personal data carried out pursuant to this Directive, including the exchange or transmission of personal data by the competent authorities, shall be made in accordance with Regulation (EU) 2016/679 and Directive (EU) 2016/680. Any exchange or transmission of information by competent authorities at Union level should be undertaken in accordance with Regulation (EC) No 45/2001. Personal data which are not relevant for the handling of a specific case shall not be collected or, if accidentally collected, shall be immediately deleted.