On June 23, we celebrate the day dedicated to protecting those who dare to stand up against systemic irregularities. This day reminds us of their crucial role in safeguarding the public interest and of the need for adequate protection against repression, discrediting, judicial pressure, and even physical violence.
In today’s world, dominated by disinformation and coordinated manipulation campaigns, whistleblowers are even more vulnerable. They are often the target of strategic lawsuits against public participation (SLAPPs), designed to intimidate and deter them, as well as media campaigns aimed at undermining the credibility of the report and the trustworthiness of the whistleblower.
And yet — it is precisely the whistleblowers who, through their insider perspective and knowledge of organizations and systems, manage to pierce the fog of manipulation and bring to light the hidden mechanisms of abuse and propaganda.
It is impossible to establish an effective system for reporting violations without a comprehensive legal framework and real protection for those who dare to do so..
When citizens and employees have safe and accessible ways to report concerns, they not only help uncover abuse, irregularities, and corruption, but also contribute to building a more transparent and ethical environment.
The EU and the need for consistency
The Transparency International movement played a key role in the adoption of Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019, on the protection of persons who report breaches of Union law (the Directive), and continues to monitor progress on its implementation. Although all member states already have a legislative framework in place, the practical implementation of the legislation and the provision of effective protection for whistleblowers are, in many cases, lagging behind.
Transparency International and its network of national chapters not only monitor progress in implementing the Directive, but also collect best practices and develop a range of practical guidelines, including a framework for monitoring internal whistleblowing systems — a tool that goes beyond formal compliance to enable a genuine analysis of the systems’ effectiveness and impact, and supports their improvement.
Between the Law and the Practice: How Far Has Bulgaria Come in Protecting Whistleblowers?
In 2023, Bulgaria adopted the Act on Protection of Persons Reporting or Publicly Disclosing Information on Breaches, transposing Directive (EU) 2019/1937 and establishing the legal framework for the protection of whistleblowers.
The law requires organizations—in both the public and private sectors—to establish internal systems for reporting and investigating complaints, to train their employees, and to provide reliable protection against all forms of retaliation, including disciplinary action, dismissal, and damage to one’s reputation.
On paper, all of this looks promising, but in practice, the challenges were not long in coming.
The law is in place, but trust — not quite
The lack of public awareness among potential whistleblowers, the absence of an internal culture of whistleblowing, and the prevailing distrust of institutions create conditions in which the very act of whistleblowing is perceived not as an expression of professional and civic conscience, but as a risk.
The audit conducted by the Ombudsman of the Republic of Bulgaria, which focused on the activities of the Commission for Personal Data Protection (CPDP) and the enforcement of the law, identified several significant issues:
- – delays in addressing reports and bureaucratic procedures that undermine confidence in the process;
– insufficient administrative capacity and resources, which limit the CPDP’s ability to respond adequately;
– poor communication with whistleblowers and the public, which makes it difficult to understand the procedures and rights guaranteed by law.
In response to these issues, recent legislative changes provide for specific improvements: a ban on all forms of reprisal, mandatory internal mechanisms in all organizations with a certain number of employees, and clearer procedures for handling reports.
Despite the positive changes, there are still key challenges to be addressed:
- – providing the CPDP with more resources and training so that it can respond to the growing number of reports and complaints;
– conducting information campaigns to raise public awareness of the rights of whistleblowers;
– developing clear methodologies for monitoring and evaluating the implementation of the law in both the public and private sectors;
– providing independent legal and psychological support to people who file reports.
It is critically important that the new composition of the Personal Data Protection Commission prioritize efforts to inform the public, protect whistleblowers, strengthen internal capacity, and monitor data controllers.
Transparency International Bulgaria continues to actively support organizations in the public and private sectors in establishing internal systems, including by developing practical guidelines such as a Model Policy for Internal Whistleblowing and Follow-up Actions (in Bulgarian), in accordance with legal requirements and international standards. This tool enables organizations to establish an effective, transparent, and functional internal whistleblowing system—not as a mere formality, but as an integral part of their culture.
As part of the Transparency International movement, an associate member of the Whistleblowing International Network (WIN), and through our work on the United Nations Convention against Corruption and our collaboration with the United Nations Economic and Social Council (ECOSOC), we are also actively involved in the preparation of international studies and reports.
This international exchange of knowledge and experience enables us to work toward improving legislation in Bulgaria and adapting proven best practices to the Bulgarian context, thereby creating opportunities for better and more sustainable protection of whistleblowers.