The whistleblower who over a decade ago shared internal tax documents from his employer PWC with a journalist, which came to be known as the Luxleaks, was recently vindicated by the Grand Chamber of the European Court of Human Rights (ECtHR).
The leaking of confidential information was permissible since the whistleblower was acting in the public interest and contributing to the social debate about multinational corporations and paying (as little as possible) tax. In this landmark ruling, the ECtHR Grand Chamber reiterates the criteria already established in the Guja judgment in 2008 and refines them in light of the current European and international context. In the Guja judgment, the ECtHR established test criteria for assessing whether and to what extent a person who discloses confidential information obtained in the workplace can invoke the protection of freedom of expression as enshrined in Article 10 ECHR. See also the note by Inge de Laat in which these test criteria are discussed in more detail.
See also the note by Inge de Laat in which these test criteria are discussed in more detail.
Author: Inge de Laat