Anonymous Whistleblower Portals for Justice System Employees (DK0070)
Overview
At-a-Glance
Action Plan: Denmark Action Plan 2019-2021
Action Plan Cycle: 2019
Status: Active
Institutions
Lead Institution: The Danish Ministry of Justice
Support Institution(s): The unit responsible for the various whistle-blower schemes depends on the authority. - The Danish Ministry of Justice: The Digitisation Unit of the Concern - The State Prosecutor: The Danish Attorney General, the Data Pro-tection Unit - The Police: National Police of Denmark, Inspections and Controls Unit - The Danish Security and Intelligence Service: Legal Section - The prison service: The Management and Communication of the Concern – from the 1st of January 2020 The Legal Section of the Con-cern
Policy Areas
Anti-Corruption, E-Government, Justice, Open Justice, Policing & Corrections, Public Service Delivery, Whistleblower ProtectionsIRM Review
IRM Report: Denmark Design Report 2019-2021
Starred: Pending IRM Review
Early Results: Pending IRM Review
Design i
Verifiable: Yes
Relevant to OGP Values: Access to Information , Public Accountability
Implementation i
Completion: Pending IRM Review
Description
What is the social problem that the commitment will address?
A number of cases, such as the Tibet case, have led to considerations of what tools could be deployed to help bring to light information about criticisable situations within the authorities so they can be dealt with in an appropriate manner. Setting up whistle-blower schemes within the sphere of the Danish Ministry of Justice will increase the likelihood that information of this nature will be made public, thus contributing to-wards a culture of openness.
What does the commitment entail?
The commitment involves setting up whistle-blower schemes in the prosecutions service, the police, the Danish Security and Intelligence Service (PET), the prison service and the Ministry of Justice depart-ment. Employees of the authorities involved can use the schemes. The scheme can also be used by partners with whom the authorities are engaged in a more ongoing or formalised collaboration, and their employees. Information can be reported about serious issues that are of importance to how the authorities perform their tasks. As a rule, in-formation can be reported via an electronic whistle-blower portal, where it will also be possible to communicate with whistle-blowers who do not wish to reveal their identity.
How will the commitment contrib-ute towards solving the social problem?
The establishment of whistle-blower schemes, in which information can be reported without revealing your identity and where the authori-ties are also able to communicate with anonymous whistle-blowers to shed further light on the case, will make it more likely that employees or partners will express their concern about criticisable conduct within the authorities, without fearing negative consequences with regard to their employment. This will make it more likely that errors and omis-sions by the authorities will be discovered, thus raising standards in the services that the authorities provide.
Why is this commitment relevant to OGP values?
The whistle-blower schemes will make it more likely that employees and partners can report information about criticisable situations within the authorities, thus contributing to a culture characterised by trans-parency and openness. The commitment contributes towards increased public responsibility. Setting up the whistle-blower schemes will open a route whereby in-formation about criticisable situations within the authorities can be re-ported. It will increase the likelihood that errors and omissions will be discovered, thus raising standards in the services provided by the au-thorities.
IRM Midterm Status Summary
7. Whistleblower schemes within the Danish Ministry of Justice
Main Objective
"The commitment involves setting up whistleblower schemes in the prosecutions service, the police, the Danish Security and Intelligence Service (PET), the prison service and the Ministry of Justice department. Employees of the authorities involved can use the schemes. The scheme can also be used by partners with whom the authorities are engaged in a more ongoing or formalised collaboration, and their employees. Information can be reported about serious issues that are of importance to how the authorities perform their tasks. As a rule, information can be reported via an electronic whistleblower portal, where it will also be possible to communicate with whistleblowers who do not wish to reveal their identity." [26]
Milestones
- Ongoing reporting with regard to the whistleblower schemes within the sphere of the Danish Ministry of Justice
Editorial Note: For the complete text of this commitment, please see Denmark's action plan at https://digst.dk/media/21659/ogp-nap-2019-2021-english.pdf, pp. 23-25.
IRM Design Report Assessment | |
Verifiable: | Yes |
Relevant: | Access to Information, Public Accountability |
Potential impact: | Moderate |
Commitment Analysis
This commitment seeks to introduce whistleblower protection mechanisms within the sphere of the Danish Ministry of Justice. The commitment's objectives include protecting employees against negative consequences when raising legitimate concerns of mismanagement within the targeted authorities, through the use of anonymised reporting channels. Consequently, this is expected to lead to an increase in reporting of such cases and thus improve the services of public authorities. The commitment precedes EU's Directive on Whistleblowing, which entered into force on 16 December 2019 requiring all EU Member States, including Denmark, to transpose its provisions into their national legal and institutional systems by December 2021. [27] This will include mandatory whistleblower protection for private companies and public institutions, and will require employers to inform employees of the function and purpose of whistleblower mechanisms. [28] This commitment responds to a recommendation from the IRM Design Report for the 2017-2019 action plan. [29] However, it should be noted that this commitment in particular, only applies to authorities within the Ministry of Justice, and is not a general introduction of whistleblower schemes or legislation in Denmark, which is currently taking place outside the OGP framework.
The commitment is relevant to the OGP value of public accountability as it provides employees within the Ministry of Justice, including external parties, with anonymised channels to report on misconduct or corruption without facing any form of repercussion. Such channels will primarily be comprised of online portals within the responsible authorities that protect the identity of individuals who want to raise concerns. That agency will then undertake an initial analysis in accordance with the official guidelines and assess whether or not a case falls under the application of the whistleblower mechanism before an actual investigation can take place. [30] Furthermore, the commitment calls for annual reporting with regards to whistleblower schemes, which is relevant to the OGP value of access to information.
Prior to this commitment, whistleblower protection has only been mandatory in certain sectors, e.g. the financial sector. The introduction of whistleblower protection schemes (i.e. tangible systems and guidelines for whistleblowers to report abuse) within the sphere of the Ministry of Justice is a direct response to previous cases of misconduct within public law enforcement agencies. Most notably, the so-called 'Tibet case' in 2012 witnessed the obstruction of a citizen demonstration in front of Chinese officials based on illegitimate orders from the police. Despite knowing of such misconduct, many police officers were reluctant to report their observations to management until several years after the incident. [31] Additionally, Danish work culture is characterised by a high level of confidentiality and the principle of employees' duty of loyalty. However, employees in the public sector have had to undergo long court processes in cases where they have violated confidentiality for the sake of reporting unacceptable practice. [32]
The introduction of whistleblower schemes within the sphere of the Ministry of Justice is a noteworthy addition to the public work culture in Denmark. Developing a proper whistleblowing culture in the Ministry of Justice could help reduce cases of corruption while contributing to workers' legal safety and well-being. Danish civil society has welcomed the introduction of whistleblower schemes as a means to better ensure the safety and basic rights of employees through secure and anonymised investigation channels. There are concerns, however, around the lack of participation of employees in designing the schemes, as well as the extent to which potential investigations will be conducted by independent actors. [33] Furthermore, according to an interviewed civil society representative, the ambition of the commitment is limited when taking into consideration that Denmark is already required to implement the above-mentioned EU directive on whistleblower protection. The representative also emphasised that it is important to raise awareness of the whistleblowing schemes through dissemination efforts and seminars to illustrate their legitimacy as a tool for accountability. [34]
Based on the above-mentioned discussions on the implementation of whistleblower schemes, the IRM researcher recommends that the Ministry of Justice:
- Give civil society access to annual reports and the opportunity to comment on them;
- Undertake broader awareness-raising campaigns for employees with the purpose of ensuring constructive perceptions of whistleblower schemes.
Commitments
-
Platform for Citizens to Access Data the Government Holds about Them
DK0068, 2019, Data Stewardship and Privacy
-
Oversight Body for Social Services Claims
DK0069, 2019, Access to Justice
-
Anonymous Whistleblower Portals for Justice System Employees
DK0070, 2019, Anti-Corruption
-
Open National Archives Data
DK0064, 2019, Access to Information
-
Open Workplace Health and Safety Data
DK0065, 2019, Access to Information
-
Climate Atlas
DK0066, 2019, Access to Information
-
Publish Terrain, Climate, and Water Data
DK0067, 2019, Access to Information
-
Open Data for Citizens and Media
DK0050, 2017, Access to Information
-
Data Registers on a Shared Public Distribution Platform
DK0051, 2017, E-Government
-
Information Portal for Day-Care Facilities
DK0052, 2017, E-Government
-
Open Data and Smart City Forum
DK0053, 2017, Access to Information
-
Open Data DK
DK0054, 2017, Access to Information
-
Overview of Own Cases and Benefits
DK0055, 2017, E-Government
-
Nationwide Deployment of Telemedicine
DK0056, 2017, E-Government
-
My Log
DK0057, 2017, E-Government
-
Civil Society National Strategy
DK0058, 2017, Marginalized Communities
-
Report a Rule
DK0059, 2017, E-Government
-
OGP Forum
DK0060, 2017, Public Participation
-
Denmark’S Country Program for Uganda
DK0061, 2017, Aid
-
The 18Th International Anti-Corruption Conference
DK0062, 2017, Anti-Corruption
-
IATI (International Aid Transparency Initiative)
DK0063, 2017, Access to Information
-
Service Check of Local Government Consultations
DK0034, 2014, Public Participation
-
Call on All Municipalities to Facilitate Advance Voting
DK0035, 2014, Anti-Corruption
-
Letter of Invitation to First-Time Voters Urging Them to Vote
DK0036, 2014, Anti-Corruption
-
User Friendliness Requirements Regarding Digital Self-Service Solutions
DK0037, 2014, Capacity Building
-
Plan for Inclusion During the Transition to Digital Communication
DK0038, 2014, Capacity Building
-
Common Public Sector Digital Communication Campaign
DK0039, 2014, Capacity Building
-
Principles for Collaboration on the Modernisation of the Public Sector as Well as the Establishment of a Centre for Public Innovation
DK0040, 2014, Capacity Building
-
“Free Municipality” Pilot Projects
DK0041, 2014, Subnational
-
Recommendations from Growth Teams
DK0042, 2014, Private Sector
-
Strategy for Digital Welfare
DK0043, 2014, E-Government
-
Implementation of a New Charter for Interaction Between Volunteer Denmark/Associations Denmark and the Public Sector
DK0044, 2014, Civic Space
-
“Open Data Innovation Strategy” (ODIS)
DK0045, 2014, Access to Information
-
Data Distributor for the Distribution of Basic Data
DK0046, 2014, Access to Information
-
Open Government Camp 2014
DK0047, 2014, Capacity Building
-
Open Government Assistance to Myanmar
DK0048, 2014, Aid
-
Opening Key Public Datasets
DK0049, 2014, Access to Information
-
Online Open Government Partnership Community
DK0001, 2012, E-Government
-
Online OGP Handbook for Public Authorities and Institutions
DK0002, 2012, E-Government
-
Management Labs and New Forms of Co-Operation
DK0003, 2012, Public Participation
-
Consultation and Transparency of Development Aid Programmes: Design Aid Programmes
DK0004, 2012, Aid
-
Innovate with Aarhus
DK0005, 2012, Capacity Building
-
Citizen Self-Services: Increasing the Use of User Ratings in the Citizen’s Port Borger.Dk
DK0006, 2012, E-Government
-
Open Government Camp
DK0007, 2012, Public Participation
-
Renewed Effort for Open Government Data
DK0008, 2012, Access to Information
-
Regional Initiative on Open Data
DK0009, 2012, Access to Information
-
Reuse of Open Source Software in the Public Sector
DK0010, 2012, E-Government
-
Citizen Self-Services: Binding Guidelines for Self-Service Solutions
DK0011, 2012, Capacity Building
-
Citizen Self-Services: Guidance and Information on Accessibility to Digital Solutions
DK0012, 2012, E-Government
-
Citizen Self-Services: Peer-To-Peer Learning Programmes to Help Citizens Use Digital Self-Service
DK0013, 2012, Capacity Building
-
Citizen Self-Services: Location-Based Content and Re-Use of Content in Borger.Dk
DK0014, 2012, E-Government
-
Less Reporting Through Increased Re-Use of Key Data
DK0015, 2012, E-Government
-
Mypage” for Businesses
DK0016, 2012, E-Government
-
Companies to Be “Born Digitally”
DK0017, 2012, E-Government
-
Creating a Mediation and Complaints Institution for Responsible Business Behaviour
DK0018, 2012, Human Rights
-
International Human Rights Conference
DK0019, 2012, Human Rights
-
Promote Social Responsibility in the Fashion Business
DK0020, 2012, Private Sector
-
Reporting on Human Rights and the Climate
DK0021, 2012, Human Rights
-
Country by Country Reporting in the Extractive and Forestry Industries
DK0022, 2012, Anti-Corruption
-
Legislative Principles for the Digital Age
DK0023, 2012, Open Parliaments
-
Consolidated Key Data
DK0024, 2012, E-Government
-
App Store for Digital Learning Resources
DK0025, 2012, E-Government
-
Preparing a Digital Reform of the Public Welfare Areas
DK0026, 2012, E-Government
-
Consultation and Transparency of Development Aid Programmes: Transparency in Aid
DK0027, 2012, Aid
-
Tracking Progress of Universities’ Transition to Digital-Only Administrative Communication
DK0028, 2012, Education
-
Disclosure of Status Reporting From the National IT Project Council
DK0029, 2012, E-Government
-
Overview of Public ICT Architecture
DK0030, 2012, E-Government
-
Publication of Educational Materials on the Government’s ICT Project Model
DK0031, 2012, Capacity Building
-
Smart Aarhus and Smart Region: Smart Aarhus
DK0032, 2012, E-Government
-
Smart Aarhus and Smart Region: Smart Region
DK0033, 2012, E-Government