Another Baltic First for Latvia: Comprehensive Legal Rights for Whistleblowers

Latvia was the first Baltic country to apply for EU membership, the first to pass strong anti-money-laundering legislation, and the first to adopt the EU’s new data protection rules. Now, Latvia has beaten out Estonia and Lithuania in setting up a system that works to protect employees from retaliation and gives people wide discretion to make public disclosures.

Just a year after it took effect last May, Latvia’s Whistleblowing Law already is making a big difference. Public agencies have received 435 tips from citizens, according to data from the State Chancellery reported by the Baltic News Network. Of these, 119 tips – a healthy 27 percent – were deemed to be whistleblower disclosures under the new law.

The serious nature of the disclosures shows how an effective whistleblower system can strongly encourage the public to come forward. Citizens reported information about tax evasion, violations by public officials, misuse of public funds or property, conflicts of interest, pollution, public health threats and labor rights violations.

According to Baltic News Network, State Chancellery Director Jānis Citskovskis says citizens clearly are willing to report misconduct if their confidentiality is protected and officials follow up on their disclosures.

Early indications show many cases in fact are being acted upon. Based on evidence from whistleblowers, one criminal case is underway, six administrative actions were started, one disciplinary measure was begun, and 11 cases led to corrective actions, Baltic News Network reported.

Delna, the Latvian chapter of the anti-corruption NGO Transparency International, has been assisting whistleblowers for more than 15 years. It played a prominent role in developing and advocating for the Whistleblowing Law, which was debated several years before being passed.

Delna’s Action Center also has an important role in Latvia’s new whistleblower system. The law allows employees to make reports to NGOs such as Delna if they choose not to contact managers at work or public officials. This “far-sighted” provision, as Delna calls it, is paying off. Last year the Action Center received 44 reports from citizens – nine of which Delna categorized as whistleblowers under the law. Delna helped four people prepare legal documents and other materials, and provided counseling and legal assistance to five others.

Some cases were referred to public authorities for investigation. About a third of the cases were civil or administrative disputes – rather than whistleblower cases – that Delna refered to private attorneys.

Delna has chronicled many high-profile whistleblower cases in Latvia, including:

• IT specialist Ilmārs Poikāns – better known as Neo – used weaknesses in the information system of the State Revenue Service (SRS) to obtain information on remuneration of public employees and companies during the economic crisis. The facts were shocking: with thousands of people losing their jobs and having their wages cut, many public institutions not only didn’t reduce wages and spending, they increased them. Poikāns was charged with illegally handling personal data and obtaining a trade secret. The court found him guilty on one charge and sentenced him to 60 hours of community service. Thanks to Poikāns, the SRS’ information system was improved and laws were changed to require the public to be informed about public officials’ salaries. President Raimonds Vējonis pardoned him in December 2017, saying that “the public gain from Ilmārs Poikāns’ actions has far surpassed the harm,” and that he “has spurred honesty and transparency in the public administration.”
• A citizen informed the public about a preschool in Ogre where four people were fictitiously employed and management mistreated employees who resisted the illegal actions. Based on the whistleblower’s information, anti-corrption officials began criminal proceedings against the director and five employees. They were accused of abuse of office, forgery, and illegally obtaining more than €43,000 in public funds over a five-year period.
• While working at the Ministry of Environmental Protection and Regional Development, an employee said staffers at the Ministry and the Ventspils City Council improperly redirected funds allocated for climate change to build a high school music hall. The disclosure had a positive impact: the Ministry amended its policies to include environmental organizations in monitoring climate projects.
• An employee of the State Blood Donor Center disclosed risks of citizens being infected with hepatitis C during blood transfusions. Iveta Ozoli?a was suspended the next day, faced disciplinary measures and eventually was dismissed. She filed a court case seeking the dismissal to be reversed.