Whistleblower protection in the digital age - why “anonymous” is not enough.

Abstract

When technology enters applications and processes with a long tradition of controversial societal debate, multi- faceted new ethical and legal questions arise. This paper focusses on the process of whistleblowing, an activity with large impacts on democracy and business. Computer science can, for the first time in history, provide for truly anonymous communication. We investigate this in relation to the values and rights of accountability, fairness and data protection, focusing on opportunities and limitations of the anonymity that can be provided computationally; possible consequences of outsourcing whistleblowing support; and challenges for the interpretation and use of some relevant laws. We conclude that to address these questions, whistleblowing and anonymous whistleblowing must rest on three pillars, forming a “triangle of whistleblowing protection and incentivisation” that combines anonymity in a formal and technical sense; whistleblower protection through laws; and other norms and practices including organisational error culture.