Whistleblower identities to remain confidential under new committee, govt assures

New Straits Times

3 days ago

KUALA LUMPUR: The government will not compromise on protecting whistleblowers' identities under the amended Whistleblower Protection Act, which includes a soon-to-be-formed Whistleblower Protection Committee.
Minister in the Prime Minister's Department (Law and Institutional Reform), Datuk Seri Azalina Othman Said said any information submitted to the committee will not include confidential details, in line with Section 8 of the Act, which stipulates the prohibition on the disclosure of such information, including a whistleblower's identity, except under limited legal circumstances.
She also said the safeguard is essential to prevent any risk of information leakage and to ensure that the identity of whistleblowers remains protected as stipulated under the law.
"With the amendment, the committee will be responsible for ensuring more systematic coordination and monitoring of the overall implementation of this act.
"The committee will also be tasked with gathering and coordinating statistics and data related to disclosures and complaints received by enforcement agencies, to ensure the effectiveness of the act can be continuously monitored.
"Any statistics, data or information submitted to the committee must not include any confidential information protected under Section 8 of this act, to prevent any risk of information leakage.
"This, in turn, provides assurance that the identity of whistleblowers remains protected as stipulated, thereby ensuring its effectiveness," she said during the tabling of the second reading of the Whistleblower Protection (Amendment) Bill 2025 in Dewan Rakyat, today.
She also said the committee chairperson and members will be appointed by the minister.
She added that with the establishment of the committee, there will also be a more focused entity to assess the effectiveness of the act through the data and statistics obtained.
This will enable more detailed analysis of trends in disclosures of improper conduct, the level of protection provided, as well as any shortcomings in the implementation of the act that require improvement, she said.
At the same time, through the amendment, Azalina said specific limits or restrictions on the disclosure of improper conduct will no longer be imposed.
As such, she said, misconduct may now be reported to enforcement agencies even if certain restrictions under other written laws had previously limited such disclosures.
She added that Malaysian law provides that if a disclosure is made honestly and in the public interest, it may be recognised and protected, even if it involves information that is typically restricted or bound by confidentiality agreements.
She also said several countries have implemented more comprehensive whistleblower protection mechanisms to strengthen their effectiveness.
"In terms of the disclosure of confidential matters, global approaches in countries such as the United Kingdom, Australia and New Zealand clearly show that public interest considerations serve as the main basis for allowing the release of confidential or otherwise restricted information.
"This practice clearly reflects that whistleblower protection must take precedence over confidentiality restrictions when there is significant public interest involved, in line with global best practices aimed at encouraging more individuals to come forward without fear of legal repercussions," she said.