LYCOS RETRIEVER 
Whistleblowing: United States
built 624 days ago
The ability to be the object of an act of whistleblowing is often specified in the legislation. Here one finds a minima in the body of the legislations that apply to the public function, the violation of legal rules and codes of conduct for officials. If the United States is added, additional acts have to be considered, such as the abuse of one’s authoritative function (private sector) or an accounting or auditing fraud (private businesses quoted to the New York Stock Exchange). The British and Australian legislations widen the scope of possibilities for whistleblowing by including acts that endanger public health, security or the environment. Despite their different applications, these regulations have one point in common: they depend on the good faith and serious suspicious on which these whistleblowing accusations are founded.
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[O]ne can see in its use of language about principle how the CNIL’s evolution to an accommodative posture toward company whistleblowing systems has evolved over time. The Commission’s first statement (May 26, 2005) on the subject had “reservations as a matter of principle” regarding whistleblowing systems.
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The question may be asked to what extent it is really necessary to rely on whistleblowing to expose irregularity. This question may be particularly relevant to the financial sector in view of the fact that public companies and statutory corporations have external auditors who have a statutory duty to disclose irregularities encountered during the auditing process.
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In passing, it should be noted that this report should be required reading for anyone interested in the topic of whistleblowing. Those familiar with reports previously issued by State government and Commonwealth enquiries will recognise the importance of this recommendation as it consolidates the ground broken in both South Australia and Queensland where the definition of whistleblower protection coverage has been extended in ways designed to include elements within the private sector. This process of extension has not been approved throughout all jurisdictions.
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