The Protected Disclosures (Amendment) Act 2022 updates Ireland’s whistleblowing framework to align with EU Directive 2019/1937. It strengthens protections for people reporting wrongdoing, establishes the Office of the Protected Disclosures Commissioner, and introduces clearer rules for internal and external reporting channels, confidentiality, and penalties

Key Highlights of the Act

• Purpose: Implements EU Directive 2019/1937 on protecting individuals who report breaches of Union law.
• Scope: Amends and extends the Protected Disclosures Act 2014.
• Office of the Protected Disclosures Commissioner: New independent body to oversee and manage disclosures.
• Internal and external reporting channels: Employers and authorities must establish clear procedures for whistleblowers.
• Anonymous reports: Explicit provisions for handling anonymous disclosures.
• Confidentiality and identity protection: Stronger safeguards for whistleblowers and those mentioned in reports.
• Data protection and record keeping: Ensures compliance with GDPR and proper documentation.
• Freedom of Information Act amendments: Adjustments to prevent whistleblower identities being revealed.
• Protection measures: Reinforces safeguards against retaliation, including employment protections.
• False reports penalties: Introduces tort actions and criminal offences for knowingly false disclosures.
• Support measures: Provides assistance for whistleblowers, including guidance and reporting support.
• Transitional provisions: Smooth implementation of new rules across organisations.
• Related amendments: Updates to the Ombudsman Act 1980 and Workplace Relations Act 2015.

Why It Matters

• Strengthens whistleblower rights: Protects individuals from dismissal, discrimination, or retaliation.
• Improves accountability: Ensures organisations handle disclosures responsibly.
• Aligns with EU law: Harmonises Ireland’s framework with European standards.
• Deters abuse: Penalises malicious or false reporting.