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Whistleblower Protection Act Exceptions: What Is Not Protected?

Cases excluded by the Polish Whistleblower Protection Act

The Whistleblower Protection Act aims to increase transparency and accountability in various organizations. However, not every piece of information can be covered by the protection provided by this act. There are specific cases that are excluded from its application, which is crucial for understanding the limits that the law sets.

Unprotected information:

Classified Information:
This includes any information that has been classified as secret, top secret or similar under the regulations for the protection of classified information.
Professional secrets:
Information related to the performance of legal and medical professions that are subject to special protection, such as attorney or physician confidentiality.
Secret of judicial deliberations:
Information related to the internal deliberations of judges that are not disclosed outside the court environment.
Criminal proceedings:
The Act does not apply to information covered by the secrecy of preparatory proceedings and the secrecy of court hearings, which are conducted in camera.

Persons who disclose such information will not only not gain whistleblower status, but may also be held liable, including disciplinary, for disclosing it.

Exceptions to public procurement law infringements:

In addition, the Act does not apply to violations of the law in the field of public procurement relating to defence and security, which is expressly set out in the provisions on public procurement law.

Practical implications of these exclusions:

These exceptions highlight that there are areas where whistleblower protections cannot be applied due to higher state interests, such as national security, the protection of private life in professional relationships, and the integrity of the judicial process. Organizations must be aware of these exceptions in order to properly educate their employees about the limits of reporting.

Conclusions:

While the Whistleblower Protection Act is an important step toward greater accountability and transparency, its limitations are necessary to balance protecting the individual with protecting important public and national interests. Understanding these exceptions is crucial for anyone considering reporting a potential violation of the law.