In the context of compliance and anti-corruption, the Whistleblower Protection Act (HinSchG) plays a crucial role. It ensures that individuals who report wrongdoing are protected and that their identity and the information they provide remain confidential. In this article, we focus on the details of documenting whistleblower reports as set out in Section 11 of the HinSchG.
Documentation of whistleblower reports is an important aspect of whistleblower protection. § Section 11 of the HinSchG goes into detail about the requirements for documentation. According to Section 11(1), all incoming reports must be documented by the responsible persons in a reporting office in a manner that can be retrieved permanently. In doing so, the confidentiality requirement according to § 8 must be observed.
In the case of telephone reports or reports by means of another form of voice transmission, as defined in Section 11(2) of the HinSchG, an audio recording or a complete and accurate transcript (verbatim record) may only be made with the consent of the person making the report. Without this consent, a summary of the content (content protocol) must be made.
If the report is made during a meeting as defined in section 16(3) or 27(3) of the HinSchG, a complete and accurate record of the meeting may be made and kept with the consent of the person giving the information. This may be done either as an audio recording or as a verbatim record, as defined in section 11(3) of the HinSchG.
According to Section 11 (4) of the HinSchG, the person giving the information should be given the opportunity to review the record, correct it if necessary, and confirm it by signing it or in electronic form. If an audio recording is used to make a record, it should be deleted as soon as the record is completed.
Once the procedure has been completed, the documentation should be deleted after three years in accordance with section 11(5) of the HinSchG.
The documentation of reports is not only a legal obligation, but also an important part of the protection of whistleblowers. It ensures the traceability and transparency of reported cases and helps to strengthen the confidence of whistleblowers in the reporting process. Furthermore, it serves as evidence in any legal proceedings that may result from the reported cases.
In conclusion, Section 11 of the HinSchG provides a detailed guideline for the documentation of whistleblower reports to ensure the protection of whistleblowers' privacy. However, it is important to emphasise that compliance with the documentation requirements set out in the HinSchG can hardly be realised in a legally secure manner without a sophisticated whistleblowing software system. Therefore, it is highly recommended to use a special whistleblower software to ensure compliance with the legal requirements and to provide the best possible protection for whistleblowers.
Do you have any questions about this or would you like to know how we can help you so that you no longer have to worry about documentation and deletion obligations? Call us at +49 (0) 176 72224558 or write to us at email@example.com.