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> Other Secrecy Offences and Whistle Blowing
Other Secrecy Offences and Whistle Blowing
Apart from the Official Secrets Acts, there are dozens of specific statutory offences of disclosing information in the hands of the Government. Frequently, they are imposed where a government department has powers to acquire information under compulsion. These ‘mini’ Official Secrets Acts also lack a public interest defence.
‘Whistle blowing’
Employment law provides specific protection for disclosures made by workers in the public interest. The Employment Rights Act 1996 protects ‘whistle blowers’ by providing a cause of action for any worker who is victimised or dismissed after they have made a ‘qualifying disclosure’ that is a also a ‘protected disclosure’. A qualifying disclosure is the revealing of any information that the worker reasonably believes tends to show that:
* A criminal offence has been or will be committed.
* A legal obligation will not be or has not been complied with.
* A miscarriage of justice has occurred or will occur.
* An individual’s health and safety has been or will be endangered.
* The environment has been or will be damaged.
* Any of these matters are being concealed.
However, a qualifying disclosure will only be protected in limited circumstances. Generally the disclosure must be made to a legal adviser or an employer or other person responsible, but protection also applies to public disclosures if the worker is acting in good faith and not for personal gain and he or she reasonably believes that they will be victimised if they make the disclosure (or if the disclosure relates to a particularly serious example of one of the matters listed above).
‘Whistle blowing’
Employment law provides specific protection for disclosures made by workers in the public interest. The Employment Rights Act 1996 protects ‘whistle blowers’ by providing a cause of action for any worker who is victimised or dismissed after they have made a ‘qualifying disclosure’ that is a also a ‘protected disclosure’. A qualifying disclosure is the revealing of any information that the worker reasonably believes tends to show that:
* A criminal offence has been or will be committed.
* A legal obligation will not be or has not been complied with.
* A miscarriage of justice has occurred or will occur.
* An individual’s health and safety has been or will be endangered.
* The environment has been or will be damaged.
* Any of these matters are being concealed.
However, a qualifying disclosure will only be protected in limited circumstances. Generally the disclosure must be made to a legal adviser or an employer or other person responsible, but protection also applies to public disclosures if the worker is acting in good faith and not for personal gain and he or she reasonably believes that they will be victimised if they make the disclosure (or if the disclosure relates to a particularly serious example of one of the matters listed above).
