Nya visselblåsarlagen - Ett utvecklat skydd vid rapportering om missförhållanden inom privat sektor

Sammanfattning: The term "whistleblower" refers to an individual who discloses wrongdoing in authorities, companies, or society in general. Whistleblowing holds significant importance in the workplace as it frequently unveils vital information inaccessible to the general public. However, studies have shown that employees who become aware of misconduct frequently choose not to report it. The EU-directive on the protection of persons who report breaches of Union law was implemented by the Swedish government in 2019. The government acknowledged that the previous law regarding whistleblowers did not meet the minimum requirements of the directive, necessitating new legislation in the field. The Act (2021:890) on the protection of persons who report misconduct is based on and implements the Whistleblower Directive. The legislation applies to reporting on wrongdoing of public interest. The reporting individual is now protected by the legislation even if the misconduct is not of serious nature, meaning that the new requirement of public interest covers more situations. The essay provides a legal analysis from a social science perspective, focusing on the protection of private sector employees in whistleblowing. The aim of the essay is to explain the consequences of implementing the new requirement of public interest for employees in the private sector. The protection of private sector whistleblowers has been examined and compared with previous protections for whistleblowers. Numerous measures have been taken to enhance protection for whistleblowers at both national and European levels. The essay's starting point is thus the interaction between the European Convention, the Whistleblower Directive, and Swedish labor law protection. The analysis of the new requirement shows that the new law is complex, and the meaning of public interest is not entirely clear. Consequently, individuals may find it difficult to assess whether they are protected by the law in specific situations. The essay concludes that it is crucial for employees to have knowledge of whistleblower protection legislation and when the requirement of public interest applies. This understanding is essential to ensure that whistleblower legislation effectively achieves its intended purpose.