Whistleblowin
g
46.
(1)
(a) The Authority shall establish rules giving the authorization
for and governing the whistleblowing system.
(b) These rules must preserve:
(i) the principles of fairness, lawfulness and purpose of the
processing;
(ii) the principles related to the proportionality as the
limitation of the scope, accuracy of the data which will be
processed;
(iii) the principle of openness with delivering an adequate
collective and individual information on:
the scope and purpose of the whistleblowing;
the processing of reporting;
the consequences of the justified and unjustified
reporting;
the way of exercising the rights of access, to
rectification, deletion as well as the competent
authority to which a request can be made; and
the third party which may receive personal data
concerning the informer and the person who is
implicated in the scope of the processing of the
reporting (for example the internal audit service if the
"manager of the reporting" needs to verify some
points),
the person who is implicated shall be informed as soon
as possible by the "manager of the reporting" of the
existence of the reporting and about the facts which
he/he is accused for in order to exercise the rights
established in this Act; and
the information of the person who is implicated may be
postponed in exceptional circumstances (e.g.: risk of
proof destruction).
(iv) the technical and organizational rules;
(v) rules concerning the rights of the data subject by making
clear that the right of access doesn't allow to access to
personal data linked to a third person without his/her
express and written consent; and
(vi) the rules of notification to the Authority.
Draft Data Protection Bill Version 1.0
58
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