Disclosure of Information for Public Interest Council of Ministers Regulation No. 405-2017

PART TWO Channels of Public Interest Disclosure

4. Disclosure

1/ Any employee may, in the interest of the public, make disclosure of information on matters covered under Article 3(1) of this Regulation.

2/ The identity of an employee who makes disclosure of information in the interest of the public shall be kept confidential.

5. Disclosure of information to Head of a Public Body

1/        Any employee shall first make a public interest disclosure to a head of the public body where the impropriety is alleged to have been committed or to a person delegated by him.

2/        Notwithstanding the provision of sub-article (1) of this Article, a public interest disclosure may be made directly to the concerned public body where:

1. a) there is a reason to believe that it is likely that evidence relating to the impropriety will be concealed or destroyed; or

1. b) the disclosure made is related to a very urgent matter.

3/        An employee who disclosed information to a legal counselor with an intention of seeking legal advice may not be considered as defying his disclosure obligation to the head of the public body

4/        An employee may make public interest disclosure to the concerned public body where the head of the public body to which disclosure is made has not taken action within a reasonable period or the employee is dissatisfied with the decision.

6. Disclosure of Information to a Concerned Public Body

A public interest disclosure shall be made to the following concerned officials of the public bodies:

1/        if the disclosure is related to the health or safety of an individual or the public, to the Minister of Health;

2/        if the disclosure is related to the well-being of the environment, to the Minister of the Environment, Forest Development and Climate Change;

3/        if the disclosure is related to any other serious danger, to the head of the appropriate public body.

7. Disclosure of Information to the Mass Media

Any employee, who made a public interest disclosure in accordance with Article 6 of these Regulations, may make the disclosure of information to the mass media where the head of a concerned public body has failed to commence an investigation within 15 days or decided not to investigate the impropriety.