Article 54 bis1, D.Lgs. [Legislative Decree] 165/2001, inserted by article 1, paragraph 51 of Law 190/2012 (the so-called anti-corruption law) introduced into our legislation a measure designed to favour the emergence of unlawful acts and irregularities, so-called whistleblowing in Anglo-Saxon countries.
A Whistleblower is an employee of a public administration that reports to the bodies with the lawful power to intervene, any infringements or irregularities committed against the public interest. The whistleblowing is in this sense an expression of civic duty, by means of which the Whistleblower helps to bring to attention and helps to prevent the risk of situations that are prejudicial to the administration they belong to and consequently to the public interest as a whole.
The purpose of the law is therefore to help ensure that the employee will not fail to report unlawful acts for fear of suffering negative consequences.
To this end, the law protects the Whistleblower by means of three general principles:
− the protection of anonymity;
− the denial of the right to access to his/her whistleblowing;
− the prevention of discrimination against the Whistleblower.
This procedure is aimed at the fully implementation of the regulations on the protection of Whistleblowers that report unlawful acts.
With this in mind the aim of this procedure is to provide the Whistleblower with clear operating instructions on the subject, content, recipients and manner of sending of the reported information, as well as explaining what the forms of protection are afforded to him, or her, by the company.