Unauthorised disclosure of whistleblower documents could undermine investigations and expose informants to serious risks, says legal expert Datuk J. Shamesh.
KUALA LUMPUR: The unauthorised disclosure of whistleblower documents could undermine investigations, expose informants to serious risks and jeopardise the administration of justice, according to legal expert Datuk J.Shamesh.
In a statement, Shamesh warned that leaks involving confidential documents not only breach confidentiality obligations but could also complicate litigation and enforcement proceedings by compromising the integrity of evidence-handling processes.
“A leak may derail investigations by alerting suspects and potentially affecting the collection, preservation and admissibility of evidence.
“Safeguarding whistleblower information is essential to ensuring that individuals can come forward without fear of retaliation and that authorities can conduct investigations effectively,” he said.
Shamesh added that maintaining the confidentiality of such information is vital to protecting those who report wrongdoing and to upholding public trust in the investigative process.
He pointed out that unauthorised disclosure carries serious legal consequences, as Section 10 of the Whistleblower Protection Act 2010 makes it an offence to reveal information relating to a whistleblower without permission.
Beyond legal consequences, Shamesh said the fallout from a leak could be severe for the whistleblower, including professional and reputational damage, intimidation, harassment and even threats to personal safety.
“A whistleblower who believes that his or her identity or confidential documents have been disclosed after being submitted to the authorities is not without legal recourse.
“Affected individuals may lodge a police report, initiate civil proceedings to seek compensation for losses arising from the leak and apply for an injunction to prevent the further dissemination of confidential information or the disclosure of their identity,” he said.
He added that whistleblowers may also seek protection under the Whistleblower Protection Act 2010, noting that Section 7 provides safeguards for individuals covered by the law.
“The protections provided under the Act are intended to encourage the reporting of wrongdoing while shielding whistleblowers from adverse consequences,” he said.
