Protected Disclosures Act 2014

F37[Provisions applying to reports made to Commissioner in the manner specified in section 7

10B

10B. (1) The Commissioner shall ensure that the external reporting channels and procedures for making reports to the Commissioner in the manner specified in section 7 meet the following criteria if they are to be considered to be independent and autonomous:

(a) they are designed, established and operated in a manner that ensures the completeness, integrity and confidentiality of the information concerned and prevents access thereto by persons other than designated persons and any other members of staff duly authorised in that behalf;

(b) they enable the durable storage of information in accordance with section 16C to allow further investigations to be carried out.

(2) External reporting channels and procedures shall enable reports to be made to the Commissioner in the manner specified in section 7

(a) in writing and orally, and

(b) in the case of a report made orally, by telephone or through other voice messaging systems and, upon request by the reporting person, by means of a physical meeting, with the Commissioner or a designated person, as the case may be, within a reasonable period from the making of the request.

(3) The Commissioner shall acknowledge, in writing, to the reporting person, receipt of a report made to the Commissioner not more than 7 days after receipt of it, save where the reporting person explicitly requested otherwise or the Commissioner reasonably believes that acknowledging receipt of the report would jeopardise the protection of the identity of the reporting person.

(4) The Commissioner shall ensure that where a report is received by the Commissioner through channels and procedures other than those provided for in subsections (1) and (2) or is received by a member of staff other than a designated person

(a) it shall be forwarded promptly and without modification to the designated person, and

(b) any information that might identify the reporting person or the person concerned shall not be disclosed by such member of staff.

(5) The Commissioner shall designate one or more than one member of staff (in this section referred to as a "designated person") to be responsible for handling reports and, in particular, for providing any person with information on the procedures for making a report in the manner specified in section 7.

(6) The Commissioner shall ensure that designated persons receive specific training for the purposes of handling reports.

(7) The Commissioner shall publish on a website maintained by or on behalf of the Commissioner in a separate, easily identifiable and accessible section at least the following information:

(a) the conditions for qualifying for protection under this Act;

(b) the contact details of the Commissioner for the purpose of making reports to the Commissioner in the manner specified in section 7, in particular the electronic and postal addresses and the telephone numbers for making such reports, indicating whether the telephone conversations are recorded;

(c) the procedures applicable to the making of reports using the external reporting channels and procedures, including the manner in which the Commissioner may request the reporting person to clarify the information reported or to provide additional information, the period for providing feedback (including further feedback) and the type and content of such feedback;

(d) the confidentiality regime applicable to reports and, in particular, the information in relation to the processing of personal data in accordance with section 16B and under applicable data protection law;

(e) the nature of the follow-up to be given in relation to reports;

(f) the remedies and procedures for protection against penalisation and the availability of advice pursuant to Article 20.1(a) of the Directive for persons contemplating making a report;

(g) a statement clearly explaining the conditions under which persons making a report using the external channels and procedures are protected from incurring liability for a breach of confidentiality pursuant to sections 14 and 15;

(h) contact details for the support services provided under section 21A;

(i) such other information as the Minister may specify in guidance under section 21.

(8) (a) The Commissioner shall review the external reporting channels and procedures regularly but at least once within 3 years after the date of first publication of information under subsection (7) and at least once in every period of 3 years after the first such review.

(b) In reviewing the external reporting channels and procedures, the Commissioner shall take account of their operation and may consult with prescribed persons in relation to the operation of external channels and procedures established, maintained and operated for the purposes of enabling the making of reports to prescribed persons in the manner specified in section 7 and adapt the external channels and procedures accordingly as the Commissioner considers necessary and appropriate.

(9) A reporting person shall, in respect of the report concerned and any follow-up procedures, without prejudice to his or her rights under this Act and to such extent as may reasonably and lawfully be required for the purposes of this Act, cooperate with the Commissioner in relation to the performance by the Commissioner of the functions conferred on the Commissioner by or under this Act.]

Annotations:

Amendments:

F37

Inserted (1.01.2023) by Protected Disclosures (Amendment) Act 2022 (27/2022), s. 14, S.I. No. 510 of 2022.