{"id":11837,"date":"2017-03-27T12:48:04","date_gmt":"2017-03-27T11:48:04","guid":{"rendered":"https:\/\/xnet-x.net\/?p=11837"},"modified":"2024-10-23T09:15:31","modified_gmt":"2024-10-23T07:15:31","slug":"enconstruccion","status":"publish","type":"post","link":"https:\/\/dev.xnet-x.net\/en\/roundtable-whistleblowers-protection-european-union\/","title":{"rendered":"For a Europe-Wide Regulation on Protection of Whistleblowers Reporting Corruption and Malpractice"},"content":{"rendered":"

More details:
\nhttps:\/\/xnet-x.net\/en\/draft-whistleblower-protection-law-stasi-is-back\/<\/a><\/p>\n

Xnet at the Roundtable on Whistleblower Protection<\/em><\/h3>\n

Xnet<\/a> is a group of activists working, inter alia, in the legal, technical and communications struggle against corruption and also to defend the use of the Internet as a tool to improve democratic quality.<\/p>\n

In 2012 Xnet launched \u201c15MpaRato<\/a>\u201d, a project which became the citizens\u2019 lawsuit that opened up and led the Bankia Case being heard in the Spanish National Court, with the result that more than a hundred politicians and bankers were put in the dock. Sixty-five of them members of all the political parties and the two leading trade unions (PP, PSOE, IU, CCOO, UGT, employers association…) were recently convicted in the first instance.<\/p>\n

This was achieved because, in 2012, Xnet members brought to the attention of public opinion what the press called the Blesa emails<\/a>, Spain\u2019s biggest ever leak on banking corruption. This took the form of thousands of corporate emails from the former president of Caja Madrid which revealed several cases of corruption.<\/p>\n

For years we have operated our own safe anonymous mailbox<\/a> through which we receive leaks revealing more cases of corruption while also protecting whistleblowers from reprisals.<\/p>\n

In order to support vulnerable or exposed people who send us information, we have created the Citizen Group against Corruption in Catalonia<\/a> and in Spain<\/a> in order to exchange experiences and create support networks among whistleblowers and against corruption.<\/p>\n

We have recently been working with the Barcelona City Hall<\/a> in order to convey and share this experience. As a result, the City Hall has created and operates its own anonymous and safe whistleblower box<\/a>. This is the first time that an institution recommends the use by citizens of encryption and anonymity tools like TOR as a means to protect whistleblowers.<\/p>\n

In 2015, we produced a Decalogue of recommendations<\/a> enumerating proposals and changes to be made in the Spanish legislation in order to legally protect whistleblowers and we are working proactively to ensure that these changes happen. In keeping with this stance, we have also led the Spanish chapter of the fight against the most liberticidal aspects of the Trade Secrets Directive<\/a>.<\/p>\n

The situation in Spain<\/h3>\n

We are in a very difficult situation in Spain. A draft Whistleblowers Protection law is now in the pipeline. Not only will it not work protecting whistleblowers but it would suppose a detriment on civil rights. Its apparently attractive name (\u201cLey Integral de Lucha contra la Corrupci\u00f3n y Protecci\u00f3n de los Denunciantes\u201d -Comprehensive Law on the Struggle against Corruption and Protection of Whistleblowers-) hides seriously dangerous booby traps. Yet, the draft law has been supported by all the parties except PNV (Basque Nationalist Party).<\/p>\n

Xnet has begun a campaign in its own to amend this law and has just met with members of parliament from several political parties: En Com\u00fa, ERC, Marea, Comprom\u00eds, EHBildu, Podemos. And other groups in the next few days.<\/p>\n

A Little Background<\/span><\/p>\n

As noted above, Xnet has been a pioneer in Spain in terms of bringing to public attention the fact that whistleblowers must be protected.<\/p>\n

We are in the forefront of this field because we ourselves are whistleblowers and because we have created the first self-organisation and training groups for whistleblowers. We are well acquainted with this reality.<\/p>\n

Whistleblowers in Spain have mostly revealed cases of corruption and the great majority of these cases are brought to light by members of civil society rather than by people in the institutions.<\/p>\n

The impact has been so considerable, especially with the fast-growing interest in these issues after the impetus of 15M-indignados movement, that corruption is now a big focus of political debate. The populist segments of both right and left are co-opting the discourse of the struggle against corruption for their political campaigns and marketing but basically stripping it of any effectiveness.<\/p>\n

In this context we are right now facing a very serious attack on civil liberties in the form of the new draft law and no member of parliament has reacted.<\/p>\n

We relate here the main points of this law to show its dangers and as a reason to emphasize an EU-wide law is preferable and necessary rather than leaving such legislation in the hands of Member States:
\n(here the full text of the amendments we propose<\/a> [in Spanish])<\/p>\n

The draft Comprehensive Law on the Struggle against Corruption and Protection of Whistleblowers contains the following aberrations:<\/p>\n

– It only offers protection for civil servants (career workers in the public sector) while failing to protect people who denounce abuses against the public interest in the private sector or any other sphere that affects public interest, thus producing the absurd situation in which people involved in many of the currently relevant cases would be excluded from protection.<\/em><\/p>\n

– It creates an independent Public Integrity Authority which:<\/p>\n