Vittorio De Luca’s comment on Whistleblowing and privacy protection (LawTalks, 1 June 2022)

For proper whistleblowing management, it is essential to pay due attention to the protection of the personal data processed.

In achieving the necessary balance between the whistleblower’s need for confidentiality, the need to ascertain the wrongdoing and the whistleblower’s right to defence and cross-examination, the adoption of appropriate measures to ensure the protection and security of personal information is a key factor in achieving this balance.

Vittorio De Luca, Managing Partner of Studio De Luca & Partners commented: “The recent measure adopted by the Data Protection Authority is only the latest of the measures adopted on the subject which, as the Authority pointed out, is part of a broader inspection plan dedicated to verifying the utmost respect for the protection of personal data during the management of unlawful conduct reports. Without prejudice to this, proper management of the “whistleblowing system” is part of an effective corporate compliance strategy. Implementing organisation, management and control systems built based on the results of a preliminary risk analysis makes it possible to reduce the risk of offences being committed and the risk of incurring the heavy penalties provided for by applicable legislation. It is necessary to adopt corporate procedures and appropriate technical and organisational measures for the protection and security of the information of those involved without neglecting the importance of awareness-raising and training users of these systems and those in charge of managing and verifying the reports made. Reaching a high level of awareness and culture among corporates must be one of the first objectives to be achieved.”