Whistleblower Protection

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Where statistics have been collected, internal whistleblowers account for most revelations of corporate and government corruption. The rights of the people to benefit from these disclosures should not be abridged and just like in many other countries, specific mechanisms to encourage the reporting of unethical practices should be considered. One could envision, for example, an absolute right to communicate information to a member of the Icelandic Parliament.

The USA Federal False Claims Act (31 U.S.C. §§3729-3733) provides model protections and incentives for those who report frauds made against the government. According to the Government Accounting Office (2006), $9.6 billion was recovered for the government under this act, which protects and encourages the reporting of frauds against the government in a number ways. For instance, by providing employment guarantees that preserve seniority status and salary, as well as providing 15 to 30% of the monies recovered as a compensation and reporting incentive.

The proposers suggest that changes be made to laws regarding the rights and duties of official employees (no. 70/1996) such that official employees be allowed to break their duty of silence in the case of extreme circumstances of public interest. Similar changes could be made to municipal governance law (no. 45/1996) regarding employees of municipal governments. Suggestions for such changes have been made in three proposed bills, parliamentary documents 41 from the 130th legislative assembly, 994 from the 132nd legislative assembly and 330 from the 133rd legislative assembly. It may also be appropriate to make changes to article 136 of the general criminal code (no. 19/1940), such that the interest of the public must always be weighed in procedures against public servants who have disclosed classified information.