Saturday, June 4, 2011

FOI Bill Protects Whistleblowers ... to some extent

The FOI bill contains a section that should provide some protection for whistle blowers.

This is the only protection:


28. (1) Notwithstanding anything contained in the Criminal Code, Penal Code, the Official of Secrets Act, or any other enactment, no civil or criminal proceedings shall lie against an officer of any public institution, or against any person acting on behalf of a public institution, and no proceedings shall lie against such persons thereof, for the disclosure in good faith of any information, or any part thereof pursuant to this Bill, for any consequences that flow from that disclosure, or for the failure to give any notice required under this Bill, if care is taken to give the required notice.
           

(2) Nothing contained in the Criminal Code or the Official Secrets Act shall prejudicially affect any public officer who, without authorization discloses to any person, any information which he reasonably believes to show –
            

(a) a violation of any law, rule or regulation;
        

(b) mismanagement, gross waste of funds, fraud, and abuse of authority; or
       

(c) a substantial and specific danger to public health or safety notwithstanding that such information was not disclosed pursuant to the provision of this Bill.
  

(3) No civil or criminal proceedings shall lie against any person receiving the information or further disclosing it.

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