DenmarkWhistleblower Protection Act (Lov om beskyttelse af whistleblowere), Sections 9 and 24, Recording of Oral Reports
Lov om beskyttelse af whistleblowere, § 9 og § 24
In force since .
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Consent, Governance
As of .
What it requires
- If you run an internal whistleblower scheme, document each oral report either by recording the conversation or meeting after the whistleblower consents, or by accurate minutes that the whistleblower can check, correct and accept by signing (section 24, paragraph 1).NIST Privacy FrameworkCT.PO-P1
- For an oral report made through a telephone system, you can also document it by an accurate transcript of the conversation that the whistleblower can check, correct and accept by signing (section 24, paragraph 2).NIST Privacy FrameworkCT.PO-P3
- Set up an internal whistleblower scheme if you are an employer with 50 or more employees (section 9, paragraph 1).no control in the NIST Privacy Framework
These lines are LexLint's reading of the law's text, as of . Also read by: Justitsministeriet (guidance, recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Guidance link
- https://www.datatilsynet.dk/Media/638745245322495792/Vejledning%20nr.%209250%20af%2016.%20december%202021%20for%20whistleblowerordninger%20p%C3%A5%20private%20arbejdspladser.pdf
- Guidance body
- Justitsministeriet
What this law does
Section 9, paragraph 1 of the Whistleblower Protection Act requires employers with 50 or more employees to set up an internal whistleblower scheme in which employees can report the matters the Act covers. Section 24, paragraph 1 requires oral reports to be documented by recording the conversation or meeting with the whistleblower's consent, or by accurate minutes that the whistleblower can check, correct and accept by signing.
Section 24, paragraph 2 also allows an oral report made through a telephone system to be documented by an accurate transcript of the conversation that the whistleblower can check, correct and accept by signing. Section 31 provides that the Act takes effect on and that chapter 3 takes effect for private-sector employers with 50 to 249 employees on .
When LexLint raises it
When your app profile says your app records calls or processes voice recordings.