The Law on the Protection of Whistleblowers of the Republic of Lithuania establishes the rights and obligations of persons who report violations within institutions, the grounds and forms of their legal protection, as well as measures for the protection, encouragement, and support of such individuals, with the aim of creating appropriate opportunities to report violations of the law that threaten or violate the public interest, and to ensure the prevention and detection of such violations, as well as the prosecution of those responsible.
In accordance with the Law on the Protection of Whistleblowers of the Republic of Lithuania, information regarding violations is provided in connection with:
- a threat to public safety or health, or to a person’s life or health;
- environmental hazards;
- obstruction of or unlawful interference with investigations conducted by law enforcement agencies or with the administration of justice by the courts;
- the financing of illegal activities;
- the unlawful or non-transparent use of public funds or assets;
- property acquired through unlawful means;
- concealing the consequences of the violation or obstructing the determination of the extent of those consequences;
- other violations (for more details, see the Law on the Protection of Whistleblowers of the Republic of Lithuania).
Information about violations is provided to protect the public interest. The provision of information for the sole purpose of protecting personal interests is not considered a report.
Through the internal channel for reporting violations operated by the Telecentre, any person is entitled to submit information that they have learned through their existing or anticipated work or contractual (consulting, contracting, subcontracting, internships, apprenticeships, volunteer work, etc.) relationships with the Telecenter, or during employment or other pre-contractual relationships, as well as a person with the status of a self-employed individual who submits information about a violation, a shareholder or a member of an administrative, management, or supervisory body (including members without executive powers, as well as volunteers and paid or unpaid interns), or any natural person working under the supervision and direction of contractors, subcontractors, and/or suppliers.
Telecentre has approved a procedure manual for providing information in accordance with the Law on the Protection of Whistleblowers of the Republic of Lithuania, which establishes the procedure for receiving reports submitted through the internal channel for reporting violations, the review of the information regarding the violation contained therein, and the decision-making process. You can view these procedures here.
Please be advised that once you submit a report of a potential violation through Telecentras’s internal reporting channel, Telecentras will process your personal data for the purpose of managing and evaluating information regarding the potential violation.
| Legal Basis for the Processing of Personal Data | Categories of personal data | Retention period for personal data | Is the provision of personal data mandatory? |
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The legal obligation set forth in (Article 6(1)(c) of the GDPR), as established by Article 4(1)(1), (8), and (9), and Article 16 of the Law on the Protection of Whistleblowers of the Republic of Lithuania.
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Data subjects: Reporters and witnesses named in the report; first name, last name, and (applicable only to reporters) personal identification number or date of birth if the person does not have a personal identification number; place of employment (current or past employment or contractual relationships with Telecentras, etc.) and job title, phone number, personal email address or residential address, the fact that the information was submitted to Telecentras, the date and time (where applicable), content of the report (and the reporter’s personal data contained therein or in its attachments), and, where applicable, the fact that a response to the report was provided, along with the date and time (where applicable), other personal information related to the report. For witnesses, in addition to identifying and contact information: place of employment and job title, the fact that a report was filed regarding which they may testify and the content of that report, and correspondence (when it can be used to identify a natural person) |
Personal data will be stored for the duration of the review of the submitted report, and once the review is complete, in accordance with the Law on Archives of the Republic of Lithuania and the procedures established by the Chief Archivist, depending on the specific case, but for no less than five years from the date of the last decision made in the review of information regarding the violation. The period established by Telecentro for the retention of information regarding violations may be extended upon a reasoned order from the competent authority. | Yes. This is a requirement under the law. If you do not provide the information, we will not be able to process your report. |
Personal data may be disclosed to the following individuals:
– To the Prosecutor General’s Office of the Republic of Lithuania (if the whistleblower wishes to obtain whistleblower status or if there are indications of a violation as defined in Article 3 of the Law on Whistleblowers of the Republic of Lithuania that are related to the public interest);
– to the competent authorities (when the information provides reasonable grounds to suspect that a criminal offense, an administrative violation, or another legal violation is being planned, committed, or has been committed).
For more information about the processing of your personal data (data controller, data sources, data subject rights, etc.), please refer to Telecentro’s Privacy Policy. Please review the Privacy Policy and the information regarding the processing of your personal data before submitting a report.
A person reporting a violation to Telecentre may do so in one of the following ways:
1. Through the internal channel for reporting violations:
- By submitting a completed form or a free-form report to the email address prevencija@naujaversija.telecentras.lt, specifying who, when, how, and what type of violation is being planned, is being committed, or has been committed, etc., the date and circumstances of learning about the violation, your first name, last name, personal identification number or date of birth, place of employment, contact information (email address and other details for communication), and a statement that this information is provided in accordance with the Law on the Protection of Whistleblowers of the Republic of Lithuania.
- To contact Mažvydė Kemerzūnė, the prevention and risk management expert at Telecentre responsible for creating a corruption-resistant environment, directly, call +370 683 93074, email: kemerzune@naujaversija.telecentras.lt.
2. Directly to the Prosecutor’s Office of the Republic of Lithuania, when at least one of the following circumstances applies:
- the violation has a significant impact on the public interest;
- It is necessary to prevent or stop the violation as soon as possible, as significant damage may result;
- persons who hold management positions or perform the functions of a competent authority, and who are linked to Telecentras through an employment or contractual relationship, may themselves be committing or have committed violations;
- information about the violation was submitted through the internal reporting channel, but no response was received, or no action was taken in response to the information provided, or the measures taken were ineffective;
- there is reason to believe that, if information about a violation is reported through the internal reporting channel, the whistleblower’s anonymity or personal confidentiality may not be guaranteed, or that attempts will be made to cover up the reported violation;
- The individual cannot use the internal channel for reporting violations because he or she no longer has an employment or other legal relationship with Telecentras.
3. Publicly:
Information about a violation may be disclosed to the public in order to warn of an imminent threat to human life, public health, or the environment, when urgent action is necessary to prevent such a threat and, due to time constraints, it is not possible to report the violation by other means, or when, despite reporting the violation by other means, the necessary measures were not taken in a timely manner. A person who has publicly disclosed information about a violation, in order to receive the protections for whistleblowers established in the Law on the Protection of Whistleblowers of the Republic of Lithuania, must submit a request to the Prosecutor General’s Office of the Republic of Lithuania.
Legal remedies available to a person who has reported a violation, which protect against adverse effects, as specified in Article 11, paragraphs 3 and 5, of the Law on the Protection of Whistleblowers of the Republic of Lithuania:
- When a person who has reported a violation through the internal whistleblowing channel is subjected to adverse treatment, that person shall file a report with the Prosecutor’s Office of the Republic of Lithuania, which shall decide whether to recognize the person as a whistleblower;
- The person who reported the violation, the whistleblower, and the persons specified in Article 10, paragraph 3, of the Law on the Protection of Whistleblowers of the Republic of Lithuania (the whistleblower’s family members, relatives, and colleagues) may bring a case before a court regarding the consequences resulting from measures that have a negative impact on them.
The rights and safeguards of a person providing information about violations, and the exemption from liability for the disclosure of such information, as provided for in Article 3, paragraph 3, of the Law on the Protection of Whistleblowers of the Republic of Lithuania:
- Individuals who report criminal acts of a corrupt nature may be eligible for assistance, protection, and incentives in accordance with the procedures set forth in the Law on the Protection of Whistleblowers of the Republic of Lithuania.
- When a person reporting a violation submits information, in accordance with the procedure established by the Law on the Protection of Whistleblowers of the Republic of Lithuania, that relates to a trade (manufacturing) secret, a professional secret, banking secrecy, an institution’s confidential information, or information about a private individual’s personal life, such disclosure shall not be considered a disclosure of a trade (manufacturing) secret, banking secrecy, confidential information, or information about a private individual’s personal life, except for the exception specified in Article 4(10) of the Law on the Protection of Whistleblowers of the Republic of Lithuania regarding the public disclosure of information about a violation, as well as cases where the disclosure of information constituting a professional secret to a competent authority would conflict with laws regulating specific professional activities and with European Union law.
- The person who reports the violation shall not incur any contractual or tort liability, nor shall they be liable for defamation or insult to honor and dignity, or for defamation, provided that, when reporting the violation in accordance with the procedure established by the Law on the Protection of Whistleblowers of the Republic of Lithuania, they reasonably believed that the information provided was accurate.
- A person who reports a violation is liable for damages resulting from the reporting of such information only if it is proven that the person could not reasonably have believed that the information provided regarding the violation was accurate.
- If the person reporting the violation submitted the information anonymously, the protection, encouragement, and assistance measures set forth in Article 8 of the Law on the Protection of Whistleblowers of the Republic of Lithuania shall apply in cases where the person’s identity has been disclosed and it is necessary to protect them from adverse effects.
- The submission of information about a violation that is known to be false, as well as information constituting a state, official, or professional secret, does not entitle the person who submitted the information to the protections provided under the Law on the Protection of Whistleblowers of the Republic of Lithuania. A person who submits information known to be false or who discloses a state, official, or professional secret shall be held liable in accordance with the procedure established by law.
The confidentiality of any person who reports a violation is guaranteed, regardless of the results of the investigation into the reported violation.
Confidentiality may not be guaranteed when:
- upon written request by the person who is providing or has provided information about the violation;
- The information provided by the individual is known to be false.
The functions of the competent authority are carried out by Mažvydė Kemerzūnė, a prevention and risk management expert at Telecentre responsible for creating an anti-corruption environment, who administers the internal channel for reporting violations, reviews reports of violations received through this channel, and provides confidential consultations to individuals who are considering reporting or have reported a violation.
Confidential consultations are available:
- Phone: +370 683 93074
- Email: m.kemerzune@naujaversija.telecentras.lt
Statistical data on the internal reporting channel for violations:
- Since the internal channel was set up at Telecentre, no reports of violations have been received through it.