Glossary
Public Disclosure
A whistleblower's report made directly to the public such as via the media. EU Directive 2019/1937 Article 15 protects public disclosure only under specific conditions: prior internal and external reporting without action, imminent danger to the public interest, risk of retaliation, or low prospect of the breach being effectively addressed. It is the structurally last-resort tier.
Full definition
Article 15 of EU Directive 2019/1937 protects public disclosure (e.g., to the media or via online publication) only under specific conditions: the reporter must first have reported internally and externally without appropriate action being taken within the required deadlines, or have had reasonable grounds to believe (a) the breach may constitute an imminent or manifest danger to the public interest, (b) there is a risk of retaliation, or (c) there is a low prospect of the breach being effectively addressed because of the particular circumstances. Article 15 is the route used by journalist sources. National transpositions retain this structure but vary in formality: the Irish Act expressly references publication via the media; the German HinSchG uses the term 'Offenlegung' and accepts publication through social media. Public disclosure is structurally last-resort in the three-tier model and most reporters never need to reach it; those who do, do so because internal and external channels have already failed them.
Related terms
- Three-Tier Reporting The internal, external, public hierarchy of reporting channels established by EU Directive 2019/1937: internal reporting under Article 9, external reporting to the designated national authority under Article 11, and public disclosure under Article 15. The tiers are not strictly sequential. A reporter may start externally, but public disclosure is conditional under Article 15.
- Protected Disclosure A protected disclosure is a report of an EU or national law breach that triggers automatic protection from retaliation under EU Directive 2019/1937 Articles 5 to 15. The reporter must have had reasonable grounds to believe the information was true at the time of reporting. False or malicious reports are not protected.
- External Reporting Channel A reporting route operated by a national competent authority, available as an alternative to internal channels. EU Directive 2019/1937 Article 11 requires each member state to designate authorities that receive reports directly, bypassing the employer. Reports made externally carry the same protection from retaliation as internal reports. Examples include Germany's Bundesamt für Justiz and France's Défenseur des droits.